Beaudreau v. Allen

GRIFFIN, Acting P. J. Action for rents. On August 31, 1949, defendant and appellant, by written instrument, leased from plaintiff and respondent, for a period of five years, about 5,000 acres of land in Kern County. Nearly 1,000 acres of this ranch was classified as lowlands and about 500 acres thereof were tillable. The remaining portions were highlands fit for grazing. Defendant agreed to pay plaintiff $4,500, payable $2,000 down, $7,000 on December 15,1949, and $4,500 per year thereafter. The lease also gave defendant an option to purchase the ranch after three years, for the sum of $100,000. In connection therewith defendant, under written contract of sale, agreed to purchase certain described agricultural implements located on the property for $4,000, payable $500 upon the execution of the agreement and the balance of $3,500 by December 15, 1949. Plaintiff, at the time, was in bankruptcy, and secured the permission of the Conciliation Commissioner to execute the instruments and also obtained permission to employ counsel to enforce the provisions thereof in plaintiff’s name. Defendant paid $2,000 down, took possession, and pastured about 204 cows. No further payments were made. This action is for recovery of $7,000 rent due and for $3,500 balance claimed due under the conditional sales contract for farming equipment.

Defendant, by answer, admits no further payments were made than here noted, but sets forth therein that plaintiff was guilty of fraud in obtaining the lease in that she previously represented to defendant “that said lands had not been grazed for a period of three (3) years, and had a three-year growth of grass growing thereon; that defendant believed the said representation of plaintiff and relied thereon, and that but for said representation defendant would not have entered into said lease; . . . That after the execution of said proposed lease defendant went into possession of said lands and premises, and purchased and stocked said land with 204 head of cattle, and after grazing the lowlands which were available to defendant at the time of the execution of the said lease and at all times, defendant attempted to turn said cattle into the mountain grazing land, and upon said occasion for the first time discovered said grazing lands not to contain a three years growth of grass, but in truth and in [554]fact defendant discovered said lands to be barren and unsuitable for grazing cattle at all.” He claims he suffered damages thereby amounting to approximately $7,500; that defendant thereafter “offered to surrender possession of said premises upon the return to defendant of the down payment of rent; that plaintiff has refused and still refuses to refund the said money, but thereupon requested defendant to continue in possession of said property and promised to make an equitable readjustment of the rentals provided in the said lease and to defer the rental dates; that relying upon such further promise of plaintiff, defendant has remained in possession thereof and has cultivated and planted approximately 400 acres to a crop of barley, of the present value of $8,000.00 . . . that concurrently with the offer of defendant to surrender possession of said leasehold estate defendant offered to surrender possession of said personal property upon the condition that plaintiff refund to defendant the sum of $500.00, paid by defendant at the time of the execution of said alleged agreement. . . . ” It is further alleged that plaintiff failed to deliver to defendant one plow and one disc described in the contract of purchase, valued at $750. Defendant then asked for rescission of the lease and agreement and that the damages accruing to defendant be offset against any sums found due plaintiff.