Carstenbrook

This action is brought by plaintiffs to recover the sum of $591, together with interest thereon at the rate of eight per cent per annum, alleged to have been loaned and advanced to defendants under and by virtue of the terms of a certain written agreement of lease entered into between the parties, involving the leasing of certain lands to plaintiffs by defendants. A jury was waived by the parties and the case tried by the court. Plaintiffs were awarded judgment for the sum of $659.86, which includes the principal sum sued for and interest in the sum of $68.86. Defendants take this appeal from said judgment and an order denying their motion for a new trial.

By the terms of the said written agreement or lease, which was executed by the parties on the twenty-first day of January, 1904, the defendants leased to the plaintiffs certain real property, situated in Yuba county, said lease to take effect on and from the said date of its execution and to continue in force until and including the twenty-eighth day of September, 1904. It was provided in the lease that the plaintiffs should have the option, upon the expiration of the term thus expressly agreed upon, of extending the term of…