Snell

Plaintiff leased his vineyard to the defendant for a term of two years. The rental for the first year was paid and this action was brought to recover that of the second year.

By way of counterclaim the defendant alleged that prior to the execution of the lease the plaintiff had contracted with the California Associated Raisin Company to sell “all of the raisins raised and produced on said vineyard” during the first year of the lease term; that defendant had no knowledge of such contract at the time the lease was executed; that by reason of such contract the defendant was compelled to sell his 1920 crop of raisins to the said company, to his loss in the sum of four thousand dollars. By cross-complaint the defendant alleged that during the year 1920 the plaintiff prosecuted an action of unlawful detainer against him for recovery of possession of the vineyard without just or probable cause for the purpose of harassing and annoying him and unjustly depriving him of the premises.

The court properly dismissed the cross-complaint. (Clark v. Kelley, 163 Cal. 207 [ 124 Pac. 846 ].)

The court found that the plaintiff did not enter into the alleged contract with the raisin company, but…