McVitty

This is an appeal by the defendant from a judgment, in favor of plaintiff, for the possession of certain farming land, and for damages for the withholding thereof.

The defendant was in possession of the land in question under a lease from one Otto L. Harden, for the term of three years, commencing November 1, 1915. On November 1, 1916, he paid Harden $110, the rent for the year next ensuing after that date. The lease contained this provision: “If said land is sold before expiration of said lease the party of the second part' to be paid for all summer-fallow at going price per acre, provided purchaser wants possession immediately.” Harden sold, and conveyed the land to plaintiff by deed, executed and delivered January 22, 1917. Plaintiff, relying on his grantor to place him in possession of the land, personally made no demand on the defendant to vacate the property until April 6, 1917, when he served a written notice requiring defendant to deliver possession within three days, under penalty of suit brought for possession and damages. Defendant refused to deliver and plaintiff instituted this action. On the trial it was developed that the land had not been summer-fallowed the…