Baker

This is an appeal from a judgment entered against the plaintiff: and is presented on the judgment-roll. Two actions were brought, each being to recover .a sum of money alleged to be due under the terms of a certain lease affecting real property in the city of Los Angeles. It was stipulated at the trial that both actions should be tried together and but one judgment rendered. The appeal is presented in the same way, although the actions are separately . entitled.

By the findings of fact it appears that appellant as lessor, on the eighth day of October, 1910, entered into a lease contract with respondent whereby he let to it certain premises situated on South Broadway Street in Los Angeles City for a term of two years and six months for a gross rental of twelve thousand dollars, which was made payable in sums of four hundred dollars on the ninth day of each and every month; that possession was given of the leased premises to respondent and that it continued to occupy .the same and to .pay the rental specified up to the ninth day of January, 1912. It is further found that after respondent had taken possession of the premises it permitted the lessor to use a space along the north…