Procedural Posture

Plaintiff lessee sued defendant lessor upon a complaint setting forth three causes of action, the first in damages for breach of contract, the second in quantum meruit for work and labor performed, and the third upon an assigned claim for services performed by the lessee's wife. The lessee had judgment on his first and second causes of action and the lessor appealed from the judgment rendered by the Superior Court of Imperial County (California). 

Overview: factual elements

The parties entered into an oral contract for the farming of the lessor's ranch, which included an agreement to share expenses and profits. After the lessee had planted crops, the lessor breached the contract and ordered and directed the lessee to leave the premises and forced him to discontinue performance on his part. The trial court had requested counsel to prepare and submit a trial balance and summary of the evidence, apparently for the purpose of enabling him to make the necessary mathematical calculations. No objection was made to this being done after the actual trial of the case was closed, and it was fair to assume that the amount of judgment was calculated by deducting from the value of the crops to which the lessee was entitled the portion of the expense chargeable to him. Evidence which it was claimed was discovered after the trial related to expenditures made by the lessor, and the court noted that they were made a year or more before the trial. There was not the slightest showing that this evidence was not in the lessor's possession at all stages of the trial, and it was apparent that it was within his knowledge at that time and was not discovered after the trial.

Outcome

The court affirmed the judgment.