Tozzi

In this action, the District Court in and for the Northern District of California, rendered a decree in favor of the appellee and against James Tozzi, an individual doing business under the name of James Tozzi & Company. From the decree appellant has prosecuted this appeal.

The Lincoln National Life Insurance Company, an Indiana corporation, appellee, owned certain real property in Fresno County, State of California, known as the Alameda Vineyards, which property had formerly belonged to one George W. Day, which had been foreclosed by appellee.

On January 2, 1935, the Life Insurance Company executed a written lease of said real property to said Day. Among other things ’ the lease provided:

Lessee Day required financing in order to make the crop. The Life Insurance Company did not advance any money. In order to secure funds, Day talked with appellant Tozzi prior to March 11, 1935, at Stockton, California. He explained to Tozzi that he was operating, or proposing to operate, the leased premises, and Tozzi offered to advance him up to $8,000 for the production of a crop, on the basis of a crop mortgage provided that the Life Insurance Company consented to the mortgage. A clause in…