Barnes v. Cocke

California Court of Appeal Mar 3, 1931 No. Docket No. 7744.Published

Before: Spence

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Holding. The court held that the defendant was entitled to damages for the plaintiff's breach of a land lease agreement, finding that the defendant had substantially performed his obligations and that the plaintiff's refusal to participate in the required appraisal process prevented the defendant from receiving his share of the land's increased value.

Issues

Whether the defendant was an insurer or guarantor of the trees' survival under the lease agreement.
Whether the five-year term of the agreement commenced from the date of the contract or from the date of planting.
Whether the defendant's continued possession of the land after the lease term defeated his right to recover damages for the plaintiff's breach.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The court instructed the jury that under the agreement respondent was not an insurer or guarantor that the trees would grow for five years”

“Appellant failed and refused to appoint an appraiser and under these circumstances we find no merit in appellant’s claim that respondent’s continued possession of the premises defeated his right of recovery.”

SPENCE, J.

The issues presented by the first cause of action of defendant’s amended cross-complaint and plaintiff’s answer thereto were tried before a jury pursuant to stipulation of the parties. By his cross-complaint defendant sought to recover from plaintiff damages for breach of a. certain “Land Lease and Agreement” hereinafter set forth.The trial resulted in a judgment in favor of defendant and cross-complainant for approximately $36,000, from which judgment plaintiff and cross-defendant appeals.

The instrument above referred to was executed by the parties on August 20, 1921, and reads as follows:

“Land Lease and Agreement

“August 20, 1921.

“This agreement made this 20th day of August, 1921, between Peter Barnes, party of the first part, and R. V. Cocke, party of the second part, both of Los Angeles, State

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of California, Witnesseth: that in consideration of one-third (%) of the crop completely harvested and marketed the party of the first part agrees to rent to the party of the second part for five years (5) commencing from date and the party of the second part agrees to rent the following described land: the west forty (40) acres more or less of his ranch near Downey known as the Barnes ranch for consideration of two-thirds (%) of the crop.

“The party of the second part agrees to plant the entire tract in trees before March 1st, 1922, and put the land in good shape before planting the trees, keep the trees in good shape and growing for five (5) years.

“The land can be sold at any time during the life of this contract upon the mutual agreement of both parties, the price not to be less than eight hundred dollars ($800.) per acre. If a sale of the land is made during the life of this contract the party of the first part is to receive five hundred dollars (500) per acre and additional to this amount is to receive the full amount of the cost of the pipe and the trees with seven (7) per cent interest to start from date of purchase of pipe and trees. The remainder of the profits to be divided equally between the parties.

Barnes v. Cocke

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SPENCE, J.

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