Richards

The plaintiffs leased to the defendant a tract of land containing about seventy-nine acres for a term of ten years, commencing December 1, 1921. This action was brought April 10, 1925, to recover damages for alleged waste committed by the defendant and for other alleged breaches of the terms of the lease, but the plaintiffs did' not claim a forfeiture of the defendant’s rights under the lease and he continued in possession of the property. In' addition to denials of the alleged breaches of the lease, the defendant filed a cross-complaint for damages on account of alleged breaches of the lease by the plaintiffs. Judgment was entered in favor of the plaintiffs and the defendant has appealed. The particular issues raised by the pleadings and in question here appear from the findings of the trial court substantially as follows:

At the time the defendant went into possession under the lease there was on the land an orchard of one acre in area of fig trees “then approximately two years old, ... in reasonably healthy condition. . . . During the first year of said term of lease said defendant, without the consent or knowledge of said plaintiffs and contrary to the terms of said lease did…