Robertson

The action was one by plaintiff corporation against defendant Robertson as constable, and his co-defendants as sureties upon his official bond, to recover the rent of certain premises from the twenty-second day of July, 1910, to and including the twenty-second day of December, 1910, at the rate of seventy-five dollars per month. Judgment went for plaintiff, from which, and an order denying a new trial, defendants appeal.

There is evidence in the record tending to show these facts: Plaintiff corporation, on May 28, 1909, leased to D- M. Bowman a certain store-room in the city of Imperial for the term of five years next ensuing after June 1, 1909, the rental stipulated being seventy-five dollars a month for twenty-one months after September 1, 1909, and ninety dollars a month for the three years next ensuing. The premises were let for a bakery and delicatessen store, with the right to maintain a soda fountain. The usual stipulations are found in the lease giving the right of re-entry for default in the payment of rent, and a covenant not to sublet without the written consent of the first party. Bowman took possession of the leased premises, and was conducting a restaurant therein…