O'Harra

Plaintiff, by her complaint, sought an accounting and the recovery of such sums of money as the accounting indicated were due to her from defendant under the terms of a percentage base lease entered into by the parties. Defendant’s cross-complaint alleged an overpayment of rent by him and sought reformation of the lease on the grounds of fraud and mistake. The court found for the plaintiff in the sum of $14,624 and denied defendant any relief on the causes of action alleged in his pleading. It is from this judgment that the defendant now appeals.

The defendant is a grower, packer and shipper specializing in tomatoes and carries on these activities in Merced County *655 under the fictitious name of the Merced Produce and Packing Company. The plaintiff is the owner of 80 acres of farmland in the same county, who prior to the aforementioned lease had no contact with the tomato industry.

On October 30,1955, the parties signed a document by which plaintiff leased to defendant 80 acres for the sole purpose of growing tomatoes. The portions thereof pertinent to this appeal are as follows:

On August 18, 1956, the defendant presented to the plaintiff his final accounting for that year’s…