Luckenbach

The action is brought to recover rent at the agreed rate of $150 per month for the use of the first and second floors of the Luckenbach Building, in the city of Los Angeles, for a stated period of time; and also to recover as rent the reasonable value of the use of the fifth floor of said building, alleged to have been leased to the defendant for a shorter period of time. The ease was tried before a jury. After all of the evidence had been received, the court refused to give to the jury certain instructions requested by the plaintiff, and, instead thereof, gave the following instruction, directing the jury to return a verdict for the defendant:

Upon the verdict returned by the jury in accordance with the foregoing instruction, judgment was entered in favor of the defendant. From that judgment the plaintiff appeals.

[1] If the evidence had shown without conflict that the plaintiff rented the premises to the defendant as the representative of the Johnson for Senator Club, or as the representative of the candidate, the case would have been appropriate for an instructed verdict and judgment in favor of the defendant. But there is evidence tending to prove that the premises were…