Kelley

This is an action for the recovery .of rent alleged to be due the plaintiff from the defendant under the terms of a certain lease executed by the plaintiff and one E. A. Kelley of a tract of land known as the “Kelley Ranch,” and situated in Lassen county.

(E. A. Kelley, subsequently to the execution of said lease, conveyed and transferred to plaintiff all his interest in the demised premises.)

The complaint prayed for judgment in the sum of $454.34, but the court, by which the action was tried, a jury having been waived by the parties, awarded judgment in the sum of $414.34.

This appeal is prosecuted by the defendant from the judgment, supported by a bill of exceptions.

By the lease the lessors demised to the defendant the land therein described, together with the appurtenances thereto, for the term of five years, commencing on the first day of March, 1908, at the yearly rental of $500 in United States gold coin, to be paid as follows: $250 on or before the first day of March, and $250 on or before the first day of October, of each and every year “during the five year term of this lease, as aforesaid.”

The gravamen of the complaint is that the defendant has paid the sum of…