Ohsaki v. Ahern

Defendant appeals from a judgment of six thousand dollars upon the ground that the court applied the wrong measure of damages.

Defendant leased to plaintiffs a tract of rice land in Sutter County for the term of three cropping seasons. Plaintiffs paid six thousand dollars rent in advance which was, as the lease stated, the rent for all the first year and part of the second. Owing to defendant’s failure to pay when due a deed of trust which he had previously executed, the land was sold under foreclosure proceedings. The purchaser, as the new owner, asserted his rights superior to the rights of…