Brett

Defendant had judgment on motion for nonsuit at the close of plaintiff’s evidence. Plaintiff appeals from the judgment on bill of exceptions.

Plaintiff and defendant entered into a written lease whereby defendant let to plaintiff the premises called the Mount Carlo Ranche for the term of five years commencing October 15, 1901, reserving to defendant the use of certain land and buildings thereon. The lease was for a cash rental of $350, payable in equal semi-annual installments. Among other provisions of the lease was the following: “It is also understood and agreed between the aforesaid parties that in the event of any repairs being necessary to the fences or buildings on said premises and herein leased, that the party of the first part shall furnish all material necessary thereto, together with one man at his own cost and expense and that said party of the second part shall furnish all the labor necessary thereto at his own cost and expense. ’ ’ The action is for alleged damage to plaintiff’s crops during three different years of the term, namely, to his growing crops during the summer of 1902 by reason of plaintiff’s hogs breaking through the fences by which they were inclosed;…