Mascarel

The action was commenced by Sylvester Mascarel against J. R. Lynch to recover $2,930, alleged to be due plaintiff’s assignor, J. P. Goytino, as his share of the proceeds of milk, cream, and hay disposed of by Lynch in the course of farming operations conducted by Lynch upon land leased to him by Goytino. The lease, a copy of which is attached to the complaint, let the premises to Lynch for five years from the first day of May, 1903, required the lessee to plant and cultivate alfalfa and apple trees upon a given number of acres, respectively, of the land, and to sow a further acreage in grain during each year. The proceeds of grain crops were to be equally divided between Goytino and Lynch, as were the proceeds of pasturage, or of sale of stock placed on the ranch by either party. Of the amount sued for $930 is claimed on account of milk and cream sold and two thousand dollars on account of hay.

Lynch answered, denying the indebtedness set out in the complaint. He also filed a cross-complaint against the plaintiff and Goytino. By this pleading he averred full performance on his part of the terms of the contract of lease above referred to, except with respect to provisions which…