Carney

This is an action for unlawful detainer. The plaintiff leased certain lands to defendant “for a period of one year commencing on November 1st, 1922, and ending on October 31st, 1923.” The lease contained the following provisions:

The complaint, which was filed November 19, 1923, alleged the execution of the lease, the entry of the defendant thereunder, that the term thereof had expired and that defendant was unlawfully continuing in possession of the premises. The answer denied the termination of the lease and alleged among other things, that “under the terms of said lease the privilege was granted to defendant to renew the same and to occupy the said premises under the terms thereof for a further period of one year from and after the 31st day of October, 1923, and that the defendant exercised said privilege, and by due notice thereof renewed the same for said additional period and now lawfully occupies said premises under and by virtue of said renewal, and is entitled to said possession under the terms of said lease until the 1st day of November, 1924.”

The court found all the allegations of the answer to be true and adjudged “that the defendant was on the 1st day of November,…