Mettler v. Braly

In the first of these two consolidated actions appellant, Emanuel H. Mettler brought an action for declaratory relief against respondent Benjamin F. Braly to construe the legal rights and duties of the parties pertaining to a certain lease of laud in Tulare County respecting the payment of taxes. Thereafter, respondent brought an action against appellant seeking to recover $4,191.78 plus attorneys’ fees *653and costs for a claimed breach of the lease in this respect. The same issue is presented by each action.

According to the evidence and the lease of the 320 acres of dry, unleveled wheat land…