Field

This is an appeal by the plaintiff from a judgment allowing but single damages in an action for unlawful detainer.

According to the allegations of the complaint the. plaintiff leased to the defendant certain premises situated in the city of Santa Barbara for a term of five years, the lease expiring May 31, 1924. On April 21st, or a month prior to such expiration, the plaintiff notified the defendant in writing that she would require possession of the premises upon the termination of the lease. Defendant, however, failed to surrender possession on May 31st, and suit was filed immediately, or on June 2d. The agreed monthly rental in the lease at the time it terminated was $400. Plaintiff alleged the rental value to be $600 a month for the period occupied by the defendant after the lease had terminated, and prayed judgment for restitution of the premises, for rents and profits and for treble damages for the detention. Only one allegation of the complaint was specifically denied in the answer and that was “as to the rental value, the defendant asserting it was not in excess of $400, the amount stipulated in the lease. The premises were surrendered by defendant June 28, 1924, or…