Graydon

This is an action in forcible entry and detainer. At the time of the forcible entry plaintiff was in possession of the entered premises as a tenant of' defendant. Plaintiff had judgment and defendant appeals.

The cause was tried on August 19, 1920, and the trial court found that the value of the use and occupation of the premises from May 17, 1920, the date of the forcible entry, was $150 per month, that plaintiff was damaged by the detention of the property in the sum of $300, and that defendant was “not entitled to recover any further or other rentals for said premises from plaintiff under the existing lease thereon.”

The first point made by appellant is that there is no support in the evidence for the finding that the value of the use and occupation, from May 17th, was $150 per month. A search of a portion of the reporter’s transcript, which is printed in full as an appendix to appellant’s brief, the appeal being under the alternative method, discloses the fact that plaintiff testified that the rental value of the premises in question during June, July, and August was “in the neighborhood of, I should say, $150 a month.” This testimony does not cover the period from May 17th…