Owen

The first appeal is from a judgment for plaintiffs in forcible detainer, from which defendant appeals. The second is an appeal by defendant from a judgment denying a motion for an order directing satisfaction of the first judgment upon payment of the amount of rent found due, together with costs.

The record on the first appeal (Civil No. 132) shows that the tenancy was one from month to month, with rent payable monthly in advance; that demand was made on August 1st for the rent of that month, which was refused, and thereafter, on August 17th, demand in writing for the amount of the rent, with notice to quit, if payment be not made within three days, was made and given. The service of this notice to quit is conceded by the answer. The findings are sufficient to support the judgment. The mere fact that after the demand for rent and nonpayment, the defendant deposited in bank the amount of such rent was not an extinguishment thereof under section 1500 of the Civil Code. The offer, which is a prerequisite to such deposit under this section, was not shown. There .is nothing in the record to indicate that plaintiffs had actual notice of such deposit or ever acquiesced therein, or…

I concur in the judgment, and also with what is said in the opinion with reference to the second appeal. As to the first appeal, I am not clear as to the correctness of the judgment for treble damages; but, as the same result is affected by the reversal of the second appeal, the questions involved in the first need not be considered.