Buttner

This is an appeal from a judgment rendered against defendants upon thgir refusal to answer plaintiff’s complaint after an order overruling their general demurrer to said complaint.

The action is one to recover for the reasonable value of the use and occupation of certain premises used as a cigar-stand by defendants during the period for which a recovery was sought.

It appears from the complaint that on the ninth day of December, 1907, one M. A. Lang was in possession of certain premises including said cigar-stand, under a lease from the City Front Improvement Company, a corporation, who were the tenants under a lease of the entire premises, duly deraigned from the owner' of the premises. The lease to Lang was for a period of fifteen years from April 1, 1907, and the lease held by the City Front Improvement Company was for a period of twenty-five years from September 15, 1906.

On the said ninth day of December, 1907, said Lang sublet the premises included) in his lease (which included the cigar-stand) to the Bay Front Improvement Company, a corporation, for a period of fifteen years from the first day of April, 1907, who entered into possession on said ninth day of December,…