Ahearn

This is an appeal by Jack Lane from a judgment of the superior court in and for the county of Humboldt against the two defendants, for $150.

William Boitana, representing himself to be the agent of defendant, Jack Lane, induced plaintiff to rent a lodging-house belonging to said Lane, and purchase the furniture therein. To this end plaintiff paid said Boitana $60 rental and $150 toward the furniture, receiving receipts therefor signed by Boitana. Thereafter plaintiff was refused possession of the premises, and she brings this action for the recovery of the sum of $210 paid by her to Boitana and for $375 damages due to loss of rental profits.

In his brief appellant declares, “the only material question at issue is as to whether or not the defendant and appellant Jack Lane rented the property to the respondent or to the defendant William Boitana, and was the defendant William Boitana the agent of appellant Jack Lane.” It may be said that the complaint of the plaintiff is based upon the theory that he was such agent and that plaintiff’s dealing was directly with said William Boitana. It is earnestly claimed by appellant that there is no proof of such agency. Plaintiff, however,…