Holton

Holton v. Noble

Good Law
1890 Cal. LEXIS 628·83 Cal. 7·23 P. 58
Supreme Court of CaliforniaFebruary 1, 1890No. 13256California696 words

Opinion

Lead Opinion

Thornton, J.

Appeal by defendants. This action was brought to recover rent due on a written lease executed by plaintiff to defendants for one year, commencing *8 January 5, 1888, and ending the 5th of January, 1889. The lease was for two years, commencing on the day above mentioned, in 1888, and ending on the fifth day of January, 1890. The stipulated rent was three thousand two .hundred dollars a year for the first year, payable on the twentieth day of December, 1888, and for the second year, on the same day of December, 1889. The defendants went into possession under the lease, and occupied the premises until the twentieth day of January, 1889. The defendants filed an answer, in which they set forth that, before the lease was entered into, plaintiff made certain false representations to the defendants as to the number of acres of the land on which there was a good stand of alfalfa; that he represented that there were 180 acres in good stand of alfalfa, while in truth and in fact there were not more than eighty acres. It is further averred that plaintiff represented that the land so sown in alfalfa would produce at least eight tons of hay to the acre, "while in fact said eighty acres would or…

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