Levin

This is an appeal by the defendants from a judgment against them in an action of unlawful detainer.

The plaintiffs’ predecessor in interest made and executed the following contract with the defendant Saroff:

“This agreement made and entered into this 29th day of October, 1919, between M. Saroff, the party of the first part, and M. Levin & Sons, the parties of the second part,

“WITNESSETH: That whereas the parties of the second part are the owners of the certain buildings located on the north side of Folsom Street between Sixth and Seventh Streets, formerly occupied by them as ‘Junk Dealers’ and whereas the party of the first part is desirous of leasing said premises, it is hereby agreed as follows:

In accordance with this agreement, the plaintiffs made the repairs and alterations required thereby, and the defendant Saroff took possession of the premises and paid four months’ rent in advance to the plaintiffs. The other defendant is a subtenant of Saroff. The defendants continued to occupy the premises and Saroff paid rent therefor, in advance, at the rate of $250 a month from about January 1, 1920, until July of the same year. During this period of time, the parties had some…