Harris

This is an action of unlawful detainer after breach by the defendants of a covenant of the lease under which they held certain lands. Plaintiffs were given judgment declaring the lease forfeited and awarding them damages and also the amount of rent stipulated in the lease. The defendants appeal.

By the terms of the lease the defendants expressly covenanted and agreed “that they will use said premises for sheep pasture purposes only,” and that “if default shall be made in any of the covenants herein contained, on the part or behalf of the said parties of the second part . . . then and from thenceforth it may be lawful for the said parties of the first part . . . into and upon the said premises, and every part thereof, wholly to re-enter, and the same to have again, repossess and enjoy as in their first and former estate . . . and that on the last day of said term or other sooner determination of the estate hereby granted, the said parties of the second part . . . shall and will, peaceably and quietly leave, surrender and yield up unto the said parties of the first part ... all and singular of the said premises.”

[1] The breach of which complaint is made consisted of raising a…