Spinelli

In this case, Tony Spinelli, owner of 154 acres of Merced County farm land, sued Orrian Tallcott, the lessee under a three-year lease, for the balance of the specified consideration for oceupany of the land in the year 1967. The court awarded to plaintiff the full balance of money claimed by him as rental, but countered it by awarding to the cross-complainant lessee two substantial offsets, which reduced the *590 net sum for which, judgment was given to the plaintiff. The appellant complains that no such offsets should have been allowed; this is the sole ground of the appeal.

Appellant asserts that during 1967 respondent owed rent in the sum of $5,390 of which only $813.89 was paid; consequently, on October 3, 1967, appellant filed a complaint in which he prayed for judgment in the sum of $4,576.11. Respondent alleged as a defense: that, while the lease commenced on February 1, 1966, appellant told respondent in November of 1966 that he intended to have a considerable portion of the premises leveled and that the respondent would not have to pay rental for the period of time during which the land would thus be unavailable for farming; in February of 1967, the appellant finally…