Buhman v. Nickels & Brown Bros.

McLAUGHLIN, J.

Unlawful detainer. The complaint contains allegations showing that the executors of the last will of Charles Robinson, deceased, leased certain real property of the estate in Napa County to the defendant corporation, and that the defendant went into possession under said lease. That the lease contained the following covenant: “It is further mutually understood and agreed by the parties hereto, that in case of a sale of the demised premises that the said second party will

quit and surrender the said premises upon 30 days’ written notice,

and the said first parties will

[268]

pay to the said second party the actual cost or expense that said second party may have been put to in putting any crop of hay or grain upon said premises.” That the will of Robinson, deceased, authorized and empowered the executors to sell any property of the estate, without order or notice, at public or private sale. That under said power the executors sold the leased land to plaintiffs, at private sale, on October 15, 1902. That said sale was reported to the superior court on November 26, 1902, and on December 30, 1902, an order confirming the sale was made and entered. That pursuant to said sale a deed was executed by the executors on said last-mentioned day, which deed was delivered to plaintiffs on January 29,1903, and that ever since said date they have been the owners of the premises. That on the fourth day of February, 1903, plaintiffs served upon defendant a written notice stating that the property had been sold to plaintiffs, and demanding that said defendant quit and surrender possession of said premises within thirty days from the date of said service. That on February 12th following a notice was served by plaintiffs upon defendant demanding that defendant furnish plaintiffs with a statement of the actual cost nr expense that defendant had been put to in putting in a crop of hay and grain. That on March 6, 1903, plaintiffs served upon defendant an offer in writing to pay defendant for putting forty acres into hay and grain at a cost of four dollars per acre. That defendant failed to furnish a statement of cost and expense as requested, or to accept the offer so made, and remained in possession and occupancy of the premises and refused to quit or surrender possession of the same. Then followed an averment that the acreage put into hay and grain amounted