Faria

The plaintiff had judgment against the defendants for the sum of $2,050, based upon a complaint setting forth two causes of action. From this judgment the defendants appeal.

This first cause of action set forth in the plaintiff’s complaint alleges the lease of certain lands and premises in Stanislaus County, whereby the plaintiff leased to the defendants the premises described in the complaint, and the defendants covenanted and agreed to set out, plant and have standing on said premises at least 40 acres in a first-class stand of alfalfa, “and to maintain the same in first-class condition, and to turn the ranch back to the owner upon the termination of said lease, with at least 40 acres of first-class alfalfa stand thereon, or otherwise, to pay to the owner $20.00 for each acre less than 40 acres which is not in first-class alfalfa stand”.

After referring to the lease and making it a' part thereof, the complaint further alleges that the defendants failed to put the demised premises in good order and condition; failed to clear the same of weeds, but allowed the same to become foul with noxious weeds, sand burrs, foxfail, etc., to the damage of the plaintiff in the sum of $1,000;…