Barber

By her complaint in this action appellant sought to recover the sum of $1800 (with interest) claimed to be due as rent for the four months beginning July 1, 1928, under a lease of real property. From the judgment, entered in favor of defendant, the plaintiff appeals.

On the first day of June, 1923, and thereafter during the lifetime of George F. Barber, who was appellant’s husband, he and appellant were the owners of said real property as joint tenants. On the thirteenth day of February, 1928, George F. Barber died. On the first day of June, 1923, Mr. Barber entered into a ten-year lease with the defendant, covering said real property, at the rental of $450 per month, and in said lease provided that defendant should have a five-year option to purchase the property at a stated price. This lease was not signed by appellant, but was executed by the husband alone. During the lifetime of Mr. Barber appellant knew that her husband had executed a lease of the property, although she did not see the document and did not know that it contained an option to purchase. During that period all of the rents were paid to the husband.

On the ninth day of March, 1928, Mr. G. C. De Garmo, on behalf…