Singh v. C. H. & O. B. Fuller Co.

SHAW, J.

This is an appeal by defendant upon the judgment-roll from a judgment in favor of plaintiffs.

By a written lease to terminate January 1, 1917, made a part of the complaint, defendant demised to plaintiffs 320 acres of land in Imperial County for the purpose of growing a crop of corn thereon, the lessor, as' rent, reserving one-fourth of the corn, to be piled on the land at a place designated by it, and one-fourth of the cornstalk pasture. The lease contained a provision as follows: “It is further agreed and understood by the parties hereto, that the party of the first part [defendant] shall have the right to purchase the second

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parties’ [plaintiffs] three-fourths of the stock pasture at the market price for cornstalk pasture in Imperial Valley at the time the cornstalks are ready for pasture.”

The complaint, in substance, alleged that when said 320 acres of cornstalks was ready for pasture, defendant, in response to plaintiffs’ inquiry, informed them that it elected to exercise its option to purchase said three-fourths interest in said pasture at

the current market price;

that at a time more than one month prior to 'the expiration of said lease plaintiffs had an opportunity of selling the pasture for $4.50 per acre, which, except for defendant’s exercise of said option under the terms of said lease to purchase the same, they would have sold and received therefor the sum of $1,012.50. For a second cause of action the complaint alleged that defendant failed to furnish the necessary sacks for the part of said crop belonging to defendant, by reason of which fact plaintiffs furnished the same for defendant, to wit: 475 sacks required in the sacking and care of defendant’s share of said crop; that the reasonable value of said sacks was $59.37. In its answer defendant denied that it informed plaintiffs that it elected to exercise said option; but alleges that defendant advised plaintiffs that they could sell said pasture to other parties, provided that possession of said premises must be surrendered January 1, 1917; and denied that plaintiffs could have sold said pasture for any sum whatsoever, and denied that it elected to exercise its option to purchase the pasture at the current price or at any other price. And defendant, while admitting it did not furnish sacks for its share of said crop of corn, denied that it requested plaintiffs to furnish the same, and denied that plaintiffs furnished 475 or any sacks for its portion of said corn, at defendant’s instance and request.