Klein

This action was brought to recover damages for the eviction of plaintiff from leased premises. Judgment was for plaintiff in the sum of $81 and costs for defendant. Plaintiff appeals on the judgment-roll, contending that under the facts as found by the court he should recover a much larger sum.

The material facts as found by the court are substantially as follows: The plaintiff was in rightful and peaceable possession, under - a lease executed by defendant, of lots 1 and 2 of block A of the city of Pomona, together with an additional strip thirty-five feet in width on the easterly side of said lots. The lease was for the term of five years. The plaintiff, upon taking possession under his lease, expended several thousand dollars in establishing on the premises his business of manufacturing and selling crystallized and canned fruits. While the lease had still some three years to run, and plaintiff still being rightfully in the possession of the whole of said premises and in nowise in default, and during the absence of plaintiff in the Bast, defendant, without right and without the consent of plaintiff, entered upon and took possession of a portion of the leased premises, consisting…