Levy

This action involves the right to the possession of certain real property in Dunsmuir known as the Lee livery-stable.

The court rendered judgment for plaintiff and awarded him $300 damages, together with $60 per month as the rental value of the premises during the period of detention, and defendant appeals. The court found on all of the issues, and the facts gleaned from such findings may be summarized as follows:

The owner of the premises leased the same to one Beem for the term of three years, and the latter, about seven months later, assigned the lease to plaintiff, who at the same time purchased certain personal property, consisting of horses, buggies, wagons, harness, robes, blacksmith tools and stock in and about the stable, from his assignor. At the time of such assignment and sale defendant held a chattel mortgage on the personal property sold, to secure a note for $600, with interest thereon amounting to $50. The verbal terms of the agreement of assignment and sale were to the effect that plaintiff was to execute and deliver to defendant a note for the sum of $650, secured by sureties, pay $150 in cash, and the balance of $1,500, as provided in a written agreement to be…