Silva

The present controversy arises out of a lease and contract of sale by which plaintiffs, as owners and operators of a dairy ranch, leased the same to defendants and by contract sold to the latter certain personal property then on the ranch. Subsequently, dissension arose between the parties, culminating in an action being filed by plaintiffs wherein they sought restitution of the ranch, forfeiture of defendants’ interest in the personal property, damages for wrongful withholding of the premises and the personal property, judgment on a promissory note, attorneys’ fees, and costs.

Plaintiffs and defendants were dairy operators of approximately 40 and 24 years’ experience, respectively. The ranch always had been operated by plaintiffs as a Grade A dairy. On September 30, 1952, the lease and sale in question were executed. On May 28, 1955, the parties modified the terms of the original lease by a supplemental agreement by which defendants admitted that they were then in default, not only in the payment of the rent due to plaintiffs, but also on the interest due pursuant to the sales contract.

At the conclusion of the trial, the court found that the rental provisions set forth in the…