Hawthorne v. Cassidy

This is an action by the lessors for forfeiture of a lease, and for -damages to the property. The district court dismissed-the action and the plaintiffs have appealed.

In February 1962, plaintiffs and defendant executed a written ■ lease covering a 9,500-acre ranch, including the buildings and improvements except the main residence. The term was for 5 years commencing May 1, 1962, for a cash rental of $20,000 per year. The lease contained the following specific provision: “It is further expressly agreed between, the .parties, hereto that the Lessee shall .not graze livestock on the premises to…