Calkins

The defendants appeal from the judgment rendered against them for a specified sum of money, and the appeal is presented on the judgment-roll alone.

In January, 1913, a contract was entered into between the plaintiff and the defendants under which the defendants, as lessees, took possession of certain mules and wagons delivered to them by the plaintiff, and were io pay to plaintiff a certain sum per month for each pair of mules and another certain sum per month for each wagon. The complaint alleged that on May 17, 1913, when the action was commenced, there was due the plaintiff under said contract, as rental for the month of April, the sum of $454.32, and for the month of May, up to the seventeenth day of May, $247.98; which said sums had been demanded and payment refused. As the court held that in respect to the latter amount the action was prematurely brought, and only rendered judgment for the indebtedness accruing in April, it is not necessary to discuss any questions arising, except with reference to the demand for April.

The answer of the defendants admitted that on May 1, 1913, they were indebted to plaintiff on account of the use of said personal property for the month of…