Sandercock v. Minnis

SCHOTTKY, J. Appellant commenced an action to recover the sum of $8,000 claimed to be due from respondent as a semiannual installment of rent under the terms of a written lease of 320 acres of irrigated pasture land in Solano County, the term of the lease being from April 1, 1952, to November 30, 1956, at a total rental of $80,000, payable at rate of $8,000 semiannually, including $2,000 payable upon execution of the lease. Respondent paid $2,000 upon the [884]execution of the lease to be applied to the last payment, and $8,000 when the same became due on May 1, 1952. The second installment of $8,000 became due on September 15, 1952, and the same was never paid. Respondent tendered $6,000 as a balance due and for a complete termination of the lease. Appellant refused and brought the instant suit.

Respondent filed an answer and cross-complaint alleging tender of the sum of $6,000 as the full balance alleged by him to be due under the terms of the lease and that said tender was intended as a rescission or termination thereof, and refusal by plaintiff of said $6,000 so tendered; that representations were made to him by plaintiff, leading up to, and which were alleged to be an inducing factor in, the making of said lease, as to the carrying capacity of plaintiff’s said ranch, in that plaintiff represented to defendant that 450 head of cows, with their calves, could be profitably and normally pastured on the ranch, during the grazing and feeding period specified in the lease, that he relied and acted upon said representations in signing the lease, and that he thereafter found, during the grazing months, when cattle up to or near said maximum number above noted, were placed on the ranch, that, in fact, it would support and properly feed not more than 200 cows with calves.

Appellant in his answer to the cross-complaint denied making any such representations to respondent, but admitted that he at all times knew that said ranch would not support and properly feed 450 head of cows with their calves.

The court found that appellant made certain statements that his ranch would carry 450 head of cows with their calves from the month of May to and until October and November of each year, and that he did so falsely and fraudulently, and that in truth and fact said ranch would not support and feed in excess of 200 cows and their calves for the entire number of months specified, and that appellant knew that said ranch would not properly support and properly feed in excess of 200 cows and their calves for the number of months specified, and that were it not for said false representations upon the part of said appellant, respondent would not have entered into said agreement. The court further found that these false and fraudulent representations were relied upon by respondent, and that appellant knew that respondent was so relying. The court further found that there was insufficient proof of damage, and denied respondent any relief therefor.