Watkins

Action in unlawful detainer. Plaintiff had judgment, from which defendants appeal.

As alleged in the complaint, plaintiff, on September 1, 1920, upon an oral agreement for a monthly tenancy, let the premises in question to defendants at a rental of thirty-five dollars a month, under which defendants took possession thereof. On January 11, 1921, plaintiff served upon defendants a notice that said lease would be terminated and defendants required to surrender and quit possession of the premises at the expiration of the month commencing February 1, 1921, and thereafter, on March 3d, served a three-day notice requiring them to vacate the premises.

By their answer defendants alleged that on October 2, 1920, plaintiff executed and delivered to defendant Dorothy A. McCartney a document reading as follows:

The court found that plaintiff signed and delivered the above-quoted agreement, but that- the same was not signed by defendants or either of them, from which, as a conclusion of law, it found that the tenancy was terminated by the written notice of less than sixty days so served upon defendants by plaintiff. In so doing we think the court erred. Since defendant Dorothy A. McCartney…