Lewis

The defendants have appealed, on a record prepared in accordance with the provisions of section 953a of the Code of Civil Procedure, from the judgment entered herein in favor of the plaintiffs. They have also appealed, on a bill of exceptions, from the order of the trial court denying their motion to vacate an order, made after entry of judgment, “permitting the plaintiffs to amend their third amended complaint and to strike from the files plaintiffs’ purported amendment to third amended complaint.” The two appeals have been consolidated and they were argued and submitted together.

June 23, 1922, the parties executed a written lease, by the terms of which the defendants leased to the plaintiffs the Fowler Apartments in the city of Los Angeles for a term of three years, commencing November 15, 1922, at a monthly rental of $200, payable monthly in advance. The lease provided for the payment of $200 at the time of its execution, which sum was so paid, and “$200' September 1, 1922, being two last months rent, and $200 when taking possession of said premises.”

The third amended complaint alleges the foregoing admitted facts, and, further, that at numerous times after the execution of…