Wells

Wells v. B. F. Porter Estate

Good Law
1928 Cal. LEXIS 608·205 Cal. 776·272 P. 1039
Supreme Court of CaliforniaDecember 20, 1928Docket No. L.A. 9528.California2,018 words

Opinion

Lead Opinion

Curtis, J.

This action was brought to recover damages for an alleged eviction of the plaintiff from 190 acres of land owned by defendant and held by plaintiff under lease from defendant. The lease was in writing and covered a term of one year beginning November 1, 1923, and ending with the cropping season of the following year. It provided that defendant was to receive as rental of the leased premises one-third of all crops produced on the leased land. Plaintiff allged that he was wrongfully evicted from said premises on the fourteenth day of February, 1924, and that he was thereby damaged in the sum of $12,500, which sum he alleged was the value of plaintiff’s share of the crop of baby lima beans, which would have been produced upon said land during the term of said lease had he been permitted to continue in possession of the leased premises during the term of the lease. In its answer the defendant denied specifically all the foregoing allegations and affirmatively alleged the abandonment of said premises by the plaintiff and also the violation of the terms of the lease requiring him to live upon the leased property or to hire somebody to live thereon or take charge of the same during his…

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