Candeias

This is a proceeding by A. S. Candeias to obtain a writ of review to annul a judgment of the superior court of the state of California, in and for the county of Merced, in an action wherein William Pfitzer and Einily Pfitzer are plaintiffs and petitioner herein is the defendant.

A writ of review was issued out of this court December 15, 1920, commanding the respondent to certify to this court a transcript of the record and proceedings in said action. Respondent has appeared by a demurrer to the petition and a motion to dismiss the proceeding.

Prom the petition it appears that petitioner was a tenant of Pfitzer of an eighty-acre dairy farm under a five-year lease, expiring December 31, 1922. At the time of the execution of the lease there were about forty-five acres of the land planted to alfalfa, and, among other conditions of said lease, the petitioner agreed to “keep all stock off of the alfalfa when the same is wet; . . . and in the event that any of the alfalfa is trampled out by stock, said party of the second part (petitioner) agrees to reseed the same at his own cost and expense.”

The petitioner conducted said premises as a dairy farm and had about eighty head of dairy…