Berryman

This is an action of unlawful detainer. The case was tried before the court, and findings were filed, in which judgment was directed to be entered for plaintiff. The defendant prosecutes this appeál from the judgment on the judgment-roll alone.

In such case we cannot examine the sufficiency of the evidence to support the findings, nor the rulings of the court in the admission or exclusion of evidence.

It is contended, however, that the complaint does not state facts sufficient to constitute a cause of action, and that the defendant’s demurrer to the complaint should have been sustained. ■ In appellant’s brief the reasons are pointed out why the complaint is claimed to be insufficient.

It is first claimed that the notice served August 10, 1906, changing the terms of the lease so as to make the rent on and after September 1, 1906, $150 per month instead of the sum of $40, “asheretofore paid by you,” was not sufficiently certain, because the complaint alleges that the rent under the prior verbal lease was $35 per month.

There is no merit in the contention. If the verbal lease was at $35 per month the defendant knew it, and the error in the statement did not tend to mislead or…