Thompson v. Goubert

STONE, J. pro tem.

*

On October 12, 1952, appellants Arthur B. Thompson and his wife, as lessors, entered into a written lease with respondents Ernest Goubert and his wife, as lessees. This appeal is concerned with an 85-acre parcel of the leased premises which was to be planted to alfalfa. The lease provided for certain farming practices to be followed by the lessees and for liquidated damages in the event the lessors sold the property prior to the expiration of the four-year term.

On September 13, 1954, the appellant lessors filed action Number 60304 for declaratory relief, damages and an injunction, alleging respondent lessees had failed to farm the premises as required by the lease. On October 11, 1954, the default of the respondents was entered in said action. On October 22, 1954, respondents moved to have their default set aside and the court ordered all proceedings stayed until the motion to vacate and set aside the default was disposed of. On October 28th and prior to disposition of the motion appellants entered the premises and evicted the respondents. The default of respondents was subsequently set aside and they filed an answer denying the allegations of the complaint. On June 17, 1955, respondents filed action Number 62028, seeking damages for wrongful eviction and loss of crops. By stipulation of counsel the actions were, by order of court, consolidated for purposes of trial and it was then further stipulated and ordered that “all evidence received in either cause be considered in both causes. ’ ’

The court tried the eases without a jury and found against the appellants in action Number 60304 and in favor of respondents in action Number 62028 and fixed their damages in the sum of $8,330.

The appeal in case Number 60304 is concerned with the single question of whether there is substantial evidence to support the trial court’s findings and judgment. In case Number 62028 the same question is raised and the additional question of whether the court applied the correct measure of damages in its findings and judgment in favor of the respondents. For the purposes of clarity and to avoid repetition we

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will consider the question of the sufficiency of the evidence as to actions Number 60304 and Number 62028 as one issue. The cases were jointly tried and the evidence was applicable to both cases. Appellants cite evidence in support of their position that respondents improperly farmed the leased premises justifying a termination of the contract and eviction of the respondents. On the other hand, respondents cite testimony supporting their position that they farmed properly and that appellant had no cause for terminating the contract or evicting them. Evaluation of the conflicting evidence does not come within the province of this court.