Levy

The action was for rent and for restitution of premises.

The court found that on or about the twenty-eighth day of September, 1913, the plaintiff leased to defendant the ground floor of certain premises in Stockton known as the Aurora Flour Mills, from month to month, at the rental of fifteen dollars per month, and that said lease was not in writing; “that by virtue of said lease the defendant went into the possession of said floor space of said premises, and continued to occupy and hold the same as the tenant of the plaintiff until the month of July, 1914, at which time, by the mutual consent and agreement of the plaintiff and defendant, the plaintiff leased and demised to the defendant and the defendant leased from the plaintiff, the annex to the Aurora Flour Mills, which annex is a building annexed to and forming a part of the Aurora Flour Milla upon the same rental, to wit: $15.00 per month . . . and that the said defendant ever since the said month of July, 1914, and up to the present time has been, and he is now, in the exclusive possession and occupancy of said annex” as tenant of said plaintiff and “under said agreement.”

Then follows a finding that no part of said rent…