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
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