Mason v. Richardson

Good Law
1932 Cal. LEXIS 518·214 Cal. 775·7 P.2d 1026
Supreme Court of CaliforniaFebruary 3, 1932Docket No. Sac. 4516.California540 words

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…

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