Vatuone

This is a proceeding in unlawful detainer to recover possession of the premises described in the complaint, together with damages for the withholding thereof. Plaintiff recovered judgment, and defendants prosecute this appeal from the judgment and from the order denying their motion for a new trial.

The facts are in substance as follows: Plaintiff, by written lease, dated November 1, 1901, let the premises to De Carley and Searsi for three years, the lease to end November 1, 1904, for the rent of $100 per month for the first six months, and $120 per month for the remainder of the term. After the execution of the lease, and more than six months before the expiration thereof, De Carley and Searsi sold and assigned the same to defendants, who thereupon entered into the possession and occupation of the premises, and so continued in the possession thereof up to the time of the trial.

On August 2, 1904, the plaintiff, by lease in writing, let the premises to one Hirsch for the term of seven years from the first day of November, 1904, the latter being the date of the expiration of the former lease under which defendants were holding. On August 24, 1904, the plaintiff served upon the…