Burd

The judgment in this action was in favor of the plaintiff, and defendant has appealed.

The plaintiff, after showing her appointment as administratrix of the estate of James Burd, deceased, alleged that on the twenty-first day of January, 1914, the said Burd entered into a lease with the defendant covering certain real property in the city of Long Beach known as the Kensington Apartments; that at the same time the said James Burd and Mattie E. Burd executed to the defendant a mortgage for the sum of $325 to secure the payment of the last month’s rent to become due under said lease; that on the third day of April, 1914, an agreement in writing was made between the said James Burd and defendant, whereby the said lease was canceled and the lessee released from all obligations thereunder; that the rent due had been paid “including the last month of the term of said lease.” It was further alleged that demand had been made by plaintiff administratrix upon defendant that he release the mortgage, which demand had been refused. By reason of such refusal it was alleged that the estate of James Burd had suffered damage in the sum of $500 and that said estate was entitled to collect a penalty…