Wold

This is an appeal from a portion of a judgment denying plaintiffs and appellants recovery on the first count of their complaint by which they sought to recover $2,025 as rent. Respondent, League of the Cross of the Archdiocese of San Francisco, Incorporated, was the tenant in possession of appellants’ building and the other respondents are sued as stockholders of such tenant for their proportionate liability. It is undisputed that respondent corporation, which for convenience will be referred to as the tenant, had been in possession of the building, under a lease providing for the payment of rent at the rate of $225 per month, which lease contained the customary provision that “should the lessee hold over the term herein created such tenancy shall be from month to month only and put on the same terms and conditions as herein stated”. This lease was expressed to be for a term ending February 28, 1928. On February 17, 1926, this lease was modified by an agreement under which the tenant forthwith paid $1800 in full for rent due and to become due and the term of the lease was shortened so that it would terminate on October 30, 1926. On the latter date the tenant did not quit the…