Ahlers

Appeal from judgment and order denying defendant’s motion for a new trial.

The complaint alleges that about September 1, 1902. Eleanor Sudden and others by verbal lease let to defendant the premises known and designated as 103 Eighth street, in the city and county of San Francisco, up to, but not including, the first day of May, 1903, at the monthly rent of $25 per month, payable monthly; that defendant entered under the lease, and ever since has continued to hold and occupy the premises; that defendant holds over and continues in possession without the permission of plaintiff and contrary to the terms of the lease; that plaintiff, on the thirtieth day of September, 1903, notified the defendant in “writing that the tenancy of said premises would expire November 1, 1903, but that defendant continued to hold possession notwithstanding demand in writing was made by, plaintiff for the possession of the same; that more than three days has elapsed since said demand, and defendant has ever since failed and neglected to deliver up to plaintiff the possession of the said premises; that the monthly rents and profits of the premises is the sum of $25. That about the first day of May, 1903,…