Sarina v. Pedrotti

FINCH, P. J.

For many years prior to the transactions herein mentioned the defendants were the owners of a dairy ranch of something over 500 acres in Del Norte County, which was held under lease by the plaintiff and on which he kept a dairy herd of more than 100 cows. October 4, 1926, a new lease of the premises was executed by the parties for a “term beginning on the first day of December, 1926, and ending on the 30th day of November, 1927.”

The complaint contains three counts. In the first it is alleged that the defendants evicted the plaintiff from 160 acres of the land to his damage in the sum of $5,000. In the second it is alleged that the defendants, “during the winter of 1926-27, proposed to plaintiff that said plaintiff

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and defendants should sell out together, that is get a buyer for all the land and personal property together and in that way a better price could be secured for both the real and personal property than if the personal property were sold separate and apart from the real property and as an inducement and as a consideration for a combined sale of said real and personal property the said defendants proposed to plaintiff that plaintiff plow up and seed 110 acres and that they would furnish and pay for the seed in order that said dairy ranch would be in a better shape and condition for dairy purposes and bring about a sale more easily and also render easier a sale of the personal property, . . . and said defendants promised at said time and prior thereto promised plaintiff not to sell said real property unless a sale of plaintiff’s personal property was made at the same time; that relying upon said promises of defendants said plaintiff did plow up 110 acres of said land and did seed the same to grass as requested by said defendants and all of said, seeding was done in the months of March and April, 1827, . . . that without notifying or consulting plaintiff said defendants did on or about the first day of September, 1927, enter into an agreement for sale of said premises with one John L. Childs and . . . did then and there abandon all intention or attempt of endeavoring to make a combined sale of the personal property belonging to plaintiff and the real property belonging to defendants. . . . That said personal property could have been sold much more advantageously as a whole and in combination with the sale of said premises than if said personal property had to be sold and removed from said premises and that by reason of the failure of said defendants to carry out their said promise concerning a combined sale of said premises and said personal property as aforesaid, plaintiff has been damaged in the sum of $7,500." The third count is for the reasonable value of plowing and seeding said 110 acres of land, alleged to be the sum of $1500.