Ellis

This is an appeal by the defendants from a judgment in an action for unlawful detainer, wherein plaintiffs were awarded possession of the premises described in the complaint, as well as the sum of $1,000 damages for unlawful detention.

Plaintiffs were the owners in joint tenancy of the property described in the complaint. The defendant Columbine Creamery Company was an original lessee, and the defendant Swift & Company was a subtenant of Columbine Creamery Company.

The original lease contained a provision by which the lessee was given “an option of renewing this lease at the expiration of the date as specified herein.” About sixteen months before the lease expired each of the then parties thereto signed the following agreement:

Nearly three months preceding the date of the expiration of the lease the tenant then in possession sent to J. Harvey Ellis, who was one of the joint owners of the leased premises, a registered letter, the body of which was as follows: “Having been advised that you are now the owner of the premises known as 836 Pine Avenue of this city, under the provisions of the lease which we hold on said premises, the terms and conditions of which you are familiar…