Starkey

Appeal from a money judgment entered against defendant for damages alleged to have been suffered by the plaintiff because of the breach of a certain contract made between the parties.

In November, 1915, the plaintiff and defendant resided in Los Angeles County; defendant owned certain land in the county of Tulare; plaintiff was a farmer. The defendant desired to have his Tulare land worked, and entered into a contract with the plaintiff whereby plaintiff was to remove to the land of defendant and farm the same for a period of five years. The terms of the agreement were reduced to writing. The defendant, among other obligations assumed, agreed to furnish brood sows and boars, and also agreed to install a pumping plant to furnish water to be used on the land, that term reading as follows: “The said party of the first part also agrees to install a pumping plant on said premises to furnish water for use on said land.” The plaintiff assumed the obligation to farm the land in a diligent and husbandlike manner and to raise all food necessary for the livestock, agreeing further to furnish all horses, farming implements, and equipment necessary. Pursuant to this agreement the plaintiff…