Swanson

The plaintiff, Southern Pacific Company, a corporation, brought this action to recover from defendant, Elsie Ann Swanson, $1,350, alleged to be due it as rent for a certain store building at 36 Steuart Street, San Francisco. The case was tried by the court without a jury, and at the conclusion of plaintiff’s case, defendant made a motion for a nonsuit, which was granted. Judgment for defendant followed; from this judgment the plaintiff prosecutes this appeal.

The facts developed at the trial are these: In August, 1917, Charles J. Swanson, the husband of the defendant, Elsie Ann Swanson, entered into a written lease with the .Southern Pacific Company for a store building situated at 36 Steuart Street, San Francisco, for the term of five years, ending August 31, 1922, at a monthly rental of $150. The ‘premises were used by Charles J. Swanson for a general merchandise store up to the time of his death, which occurred February 26, 1922. Within a very few days after his death special letters of administration upon his estate were issued to one W. H. Stark, who demanded possession of the premises and then and there took possession of the premises and the stock of goods therein. He…