Parkinson

It is alleged in the complaint that on May 29, 1915, plaintiff and defendants entered into a contract of lease whereby defendants as tenants of plaintiff agreed among other things to cultivate and farm to beans for the proper cropping season of 1915, and in a good and farmer-like manner certain lands and, among others, a portion described as part of section 8, township 9 north, range 4 east, containing 40 acres, more or less, which was “to be staked out and designated by plaintiff as provided in said contract of lease. ’ ’ That plaintiff, shortly after the execution of said contract, “did stake off and designate the 40 acres of said section 8 to be included in and to be the 40 acres subject to said contract”; and that about May 29, 1915, plaintiff put defendants in possession of said 40-acre tract pursuant to said contract. That said 40 acres was fertile land capable of producing profitable crops of beans, and that “a good, abundant, and profitable crop of beans could have been easily grown and produced thereon during the cropping season of 1915, which season extends from about June 1st to September 25th of the year.” That plaintiff has duly performed all the conditions and…