Deming

The plaintiffs brought this action against the defendants to recover the sum of $525 for rent alleged to be due said plaintiffs.

The action was tried by the court, without a jury, and the plaintiffs were given judgment in the sum of $5.75.31.

.From said judgment and the order denying him a new trial, the defendant, Herrscher, prosecutes this appeal.

The action is founded on a certain bond, of which more hereafter.

It appears from the complaint that on or about the twenty-fifth day of March, 1907, by a written lease, bearing date March 23, 1907, the plaintiffs demised and delivered into the possession of the defendant, Mass, certain premises situated in the city of San Francisco, for a period of five years from the first day of April, 1907, at the total rent or sum of $14,000, payable in advance in equal monthly payments. At the same time, and as a part of the same transaction, the defendant, Herrscher, executed and delivered to the plaintiffs a bond, “conditioned, among other things, upon the payment of all rents and sums of money as set forth in said lease.”

On the eleventh day of December, 1907, the terms of the lease above mentioned were so modified as that the rent was…