Purvis

Action for the conversion of seventeen hundred and seventy sacks of wheat. The ease was tried by the court, and findings and judgment were against the defendant, who appeals from the judgment upon the judgment-roll alone

The findings show the following facts: Plaintiff, a corporation, was the owner of certain lands in Stanislaus county, and orally leased the same to one Dallas for the term of one year at a cash rental of $2,140. That it was further orally agreed and understood between the lessor and lessee “that the title to said! crops raised thereon during said term was to remain in said plaintiff, it being agreed and understood that the said crop was to be hauled to the nearest warehouse, and stored in the name of the plaintiff herein; that from the sale of said crop plaintiff was to receive as rent, as aforesaid, the sum of *165 $2,140 cash, and the overplus, if any, was to go to and be the property of said R. Dallas; .... and that no part of said crop should be in any way subject to the disposal of said Dallas.” Under this oral agreement Dallas sowed the lands to wheat and barley with his own personal means, and received no advances of any kind from or through the plaintiff.…