Ung

The defendant M. H. Stein had a lease upon nine or nine and- one-half acres of land near Los Angeles, belonging to the defendant and appellant E. S. Flansberg, which lease expired by limitation of time on December 1, 1921. Upon the acreage so leased the lessee, prior to the last-named date, had raised a crop of lettuce which is the subject matter of the present action. Stein made arrangements with Flansberg to continue the lease from month to month until the lettuce was harvested upon payment of a monthly rental of fifty dollars. About the middle of January, 1922, a severe frost occurred and a considerable portion of the lettuce was frozen. On the twentieth of that month Stein, being apparently of the opinion that the lettuce was worthless and having paid no rental for December, 1921, or January, 1922, went to the appellant Flansberg and told him that the lettuce was worthless, that he wanted “to throw it back onto” Flansberg and that he would pay no more rent for the property. He and the appellant had a settlement by which he paid Flansberg seventy-five dollars rental or up to January 15, 1922, and appellant then told Stein that if he could realize anything out of the lettuce he…