People v. Ailanjian

BARNARD, P. J.

The defendant was charged with grand theft, it being alleged that he unlawfully took the property of C. M. Kenneson, consisting of six tons of raisins of the value of $300: He was tried before the court without a jury and found guilty. This appeal is from the judgment and from an order denying a motion for a new trial.

It appears that the defendant was purchasing the land on which the raisins were produced from C. M. Kenneson, under a contract dated December 2, 1926. Among other things, this contract provided as follows: “It is understood and agreed that all crops of every kind, name, and nature produced upon said land shall be and remain the property of C. M. Kenneson during the full term of this contract and must at all times be sold in his name and that the payments hereinafter provided shall be by him deducted from the gross selling price of said crops and the remainder shall be paid to L. Ailangian, the buyer.” The contract further provided that after the crops were sold and paid for to the vendor, said vendor should retain one-half of the proceeds, applying the same upon the purchase price of the land, and

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should turn the remainder over to the vendee. It also provided that in case the same should be needed by the vendee, the vendor would advance to him not to exceed $200 during each harvesting season, the same to be used in caring for the crops, and to be deducted from the vendee’s interest in the proceeds. On April 24, 1929, a supplemental agreement was entered into between the parties, changing the contract in two respects only. The first of these provided for the payment of a definite amount on November 21, 1930, and annually thereafter, and the second provided that if, in any year, it should be necessary for the vendee to borrow money on his share of the crop, and in the event the vendor did not desire to make such a loan during that year, the vendor" would, upon the request of the vendee, waive his right to one-half of the crop for that year in favor of the vendee; in which event the vendee might borrow money upon a crop mortgage, which should be made to cover his interest in the crop for that one year only. In all other respects, the original contract was to remain in full force and effect. It appears that this defendant was in possession of the premises described in the contracts during the crop seasons of 1927 to 1930, inclusive; that he sold the raisins involved herein on or about October 11, 1930; and that an action was begun in the Superior Court of Fresno County on October 22, 1930, in which Kenneson sought to cancel the contract and quiet his title to the land. It also appears that the payment upon the purchase price of the land provided for in the contract for the year 1930 did not become due until November 21, 1930, and that the criminal complaint upon which this proceeding is based was filed on November 10, 1930.