Snyder

Action to recover damages for wrongfully withholding possession of certain premises. Verdict and judgment for plaintiff, from which judgment, and an order denying a new trial, defendant appeals.

The action was brought by plaintiff, the lessee of a certain storeroom in the city of San Luis Obispo, whose lease thereof commenced September 1, 1903. The defendant as a prior lessee, whose lease expired at the date last named, was in possession, and, notwithstanding the expiration of his lease, refused to surrender the same, but continued in possession until September 23d of that year. Plaintiff, relying upon his lease, made purchases of goods most marketable at that point in the month of September, and which were duly received about September 1st, but by reason of defendant’s acts it became necessary to store the same at an expense to plaintiff; and other goods were delayed in consignment because of plaintiff’s inability to furnish storeroom therefor, and a loss ensued to plaintiff by not being able to display and sell the said goods during September. That in consequence of the expected removal, plaintiff disarranged his store then occupied by him so as to seriously interfere with his…