Tregoning

This action was brought by plaintiff to recover from defendants unpaid rent. Judgment was rendered for plaintiff. Defendants moved for a new trial and for an order vacating the judgment, and said motions being denied, they appealed. This appeal was brought up on the judgment-roll alone, although evidence was introduced at the trial.

Respondent alleges in her complaint that on the eighteenth day of August, 1927, she leased to appellants for the term of five years 600 acres of land at an annual rental of $1800, said rent payable in advance as follows: $900 on October 1, 1927, and $900 on the first day of April, 1928, and $900 on the first day of October and April of each year thereafter.

Appellants answered, alleging that the respondent, while appellants were occupying the said premises as lessees, entered into and upon said premises and burned down the slaughter-house and tallow-press, entered into and took possession of a dwelling-house, both of which were located on said leased premises, and entered upon said premises and removed wood and gravel therefrom, and made repairs upon said dwelling-house, and assumed possession and control thereof; and by way of cross-complaint…