Wagner

This is an appeal from a judgment in favor of plaintiff in an action of unlawful detainer. The points raised by appellant relate to the giving of the statutory notices.

The defendant occupied the premises under the terms of a written lease for a term of years. The lease contained a clause providing that if the lessee violated any of its covenants the lessor might by notice in writing declare the lease forfeited and in that event the holding thereafter should be construed to be a tenancy from month to month only and for the same monthly rental as stated in the lease. The lessors, on account of certain claimed specified breaches of covenants, on May 27, 1926, served written notice upon defendant declaring the said lease forfeited, “said forfeiture to take effect June 1, 1926, on and after which date your further holding of such premises will be a tenancy from month to month only. ...” This was the only notice served on defendant. The action was thereafter commenced on July 12, 1926. '

The complaint alleged: “That on the 1st day of June, 1926, defendant was in possession of the premises at 2791 Sixteenth street, San Francisco, California, under a month to month tenancy from…