Arnold

Action to recover rent at the rate of one hundred and seventy-five dollars per month for six months’ use and occupation of real property. Judgment for defendant. Plaintiff appeals upon the judgment-roll claiming the judgment is not supported by the findings.

The court in substance found that on March 20, 1911, defendant, who was then the owner of the property, offered to sell it to one Merritt in consideration of twenty-five thousand dollars, and the right to use and occupy it until January 1, 1912, which offer Merritt declined; that thereafter defendant sold and conveyed the same in fee to Merritt for the consideration of twenty-five thousand dollars, but no agreement was made between Merritt and defendant whereby the latter was given the right to use and occupy the premises for any period whatsoever; that about May 1, 1911, plaintiff acquired title to the property, at. which time defendant was in the open, notorious, and exclusive possession thereof under a claim of right to occupy the same until January first, as stated in his offer of sale to Merritt and so found by the court, but plaintiff had no notice of such claim; that the value of the use and occupation so had by…