Remy

This is an action for damages for breach of contract.

Two alleged causes of action are separately stated in the amended complaint, in each of which the contract, which is in writing, is declared on in hse'c verba, and contains, in brief, the following terms and conditions: —

On the part of plaintiff: —

1. During the fall of 1888 to thoroughly plow, level, and put in good condition to irrigate and plant in vines and trees, all of lots 49 and 50.

2. Before April 1,1889, to thoroughly irrigate, cultivate, and plant one fourth each of said lots in first-class Malaga raisin grape-vines, and the remaining three fourths of each of said lots in first-class muscat raisin grape-vines, and .to plant around each of said lots in the manner therein provided, such trees as the defendants should furnish for that purpose.

3. For three full years from date of contract, to irrigate, cultivate, prune, rud in every way properly care for, *539 and each year during said term replant at his own cost, all of the vines and trees planted or set out by him on lots 49 and 50 which should die or fail to thrive during that time.

4. To protect, for said full term of three years, said vines and trees by a…