Coney

Unlawful detainer. Judgment for plaintiff for restitution of the leased premises and against defendant Lovett for $250, being two months’ rent. Defendant Munro has not appealed, and Lovett, the appellant, only contests his liability for the rent.

The court found that appellant entered into possession of the premises as tenant from month to month under an implied agreement to pay rent at the rate of $125 per month, payable monthly in advance, and that appellant agreed to pay the rent according to the terms of said implied agreement. It is claimed that this finding is not supported by the evidence. We think the evidence justified the court in making the finding. It appears from the evidence that prior to November 10, 1903, the premises were in possession of one Holliday as tenant of plaintiff. Whether the premises were leased to Mrs. Holliday from month to month, or by a lease in writing, does not appear. The agent of plaintiff testified that on the 10th of November, 1903, he went to the premises to demand the rent from Mrs. Holliday and found appellant in possession; that the appellant said to witness that he had bought out Mrs. Holliday, and that he was the tenant, and wanted a…