Rector

The parties to this action had entered -into a contract for the exchange of lands. Plaintiff brought' suit to enforce the execution of a deed to the premises which defendants had contracted to convey, and of which plaintiff was in possession. Defendants answered and filed their cross-complaint for a rescission of the contract and for recovery of possession of the land and certain -personal property that went with it, as covered by the contract, to gether with damages for waste, the value of crops raised and harvested by plaintiff, and the rental value of the land.

The trial court, by an interlocutory judgment, denied plaintiff the relief sought under his complaint, and gave judgment for defendants on their cross-complaint, decreeing the rescission of the contract for exchange of properties, and awarding the return of possession, with damages to defendants, to be determined on an accounting and on further hearing in the suit. On an appeal to the supreme court ( 172 Cal. 1 , [ 155 Pac. 75 ]), the interlocutory judgment was affirmed, and the case remanded for the taking of further testimony as to damages. This appeal is by plaintiff from final judgment for defendants for damages…