Dugand

The above action was brought to recover from the estate of Eugene E. Magnus, deceased, certain rent which it was alleged the decedent was under obligation to pay.

The decedent was the lessee of an apartment under a written lease from Arthur J. Laib, the owner, for a term commencing August 1, 1925, and ending August 1, 1927. The lessee agreed to pay as rent therefor $165 per month except for six months of the term, namely, the months of December, 1925, February, March and December, 1926, and February and March, 1927, during which it was stipulated that he should enjoy the premises free of rent. He entered into possession and so remained until his death on July 28, 1926. The owner had previously executed a deed of trust of the premises to the California-Pacific Title Insurance Company as security for a loan. On June 22, 1926, the property was sold to pay the debt secured, and was conveyed by the trustee to Charles and Nellie Monson, through whom the plaintiff on January 12, 1927, derived title. The defendant, on October 15, 1926, became the duly appointed and qualified administratrix of the estate of the deceased, and remained in possession of the premises until April 1, 1927, when…