Katz

Marcus Lathrop, as executor, substituted as party plaintiff in place of Edmund E. Katz, deceased, August 1, 1928.

This appeal was taken to the District Court of Appeal for the Second Appellate District and transferred to this court for decision.

Judgment was for plaintiff in the trial court in the sum of. $537.50 and costs amounting to $17.10, on suit for the use and occupation of plaintiff’s warehouse in the city of San Bernardino. Plaintiff at all times mentioned in the complaint was the owner of the warehouse in question. Respond ent concedes that the facts of the case are fairly stated in appellant’s opening brief and are, as slightly abbreviated, as follows:

The uncontradicted evidence showed that appellant, defendant below, for a period of five weeks immediately prior to the fifteenth day of October, 1925, had occupied plaintiff's building under a lease. That on said date said tenancy was terminated, the rental thereunder being fully paid. That during said period appellant, the then owner thereof, kept and maintained in said building certain personal property consisting of a complete packing-house equipment for the packing- and handling of fruit. That upon the termination…