Mason v. Richardson
Opinion
Lead Opinion
Shenk, J.
This is an appeal by the plaintiffs from a judgment dividing a fund of $1160.40, which was the proceeds of sale of a crop of almonds taken from the lands of the plaintiffs in Yolo County, three-fourths, or $870.30, to the defendant Glenn Richardson, and one-fourth, or $290.10 to the plaintiffs.
During the farming season of 1924-25, one Gus Schenk was the owner of said property. Under date of November 26, 1924, Schenk leased the property to the defendant Glenn Richardson on a share basis, three-fourths of the almond crop to the lessee and one-fourth to the lessor. The lease was evidenced by a writing addressed by said defendant to Schenk which contained the following provision: “However, if you should desire to sell your place at any time, while I am working it, I shall expect you to pay for the working of same.” The 1924-25 crop'was harvested under the lease. In October, 1925, Richardson and Schenk entered into an oral agreement for the lease of the property for the 1925-26 cropping year, which the court found, pursuant to appropriate allegations in Richardson’s cross-complaint, to be a continuation of the former lease, excepting, however, that it was orally agreed between the…