Dawson

Action of unlawful detainer. Findings were filed, upon which judgment was ordered and entered for plaintiff for the restitution of the premises described in the complaint, besides rent and costs. This appeal is from the judgment on the judgment-roll with a bill of exceptions. The facts, so far as necessary to be stated, are as follows: In February, 1903, the plaintiff was in possession of a lot on the south side of California street east of Sansome, having a frontage of twenty-three feet-on California street by a uniform depth of sixty-six feet, together with the building thereon, 321 California street, under a lease from the Mutual Life Insurance Company of New York, which lease by its terms was to expire on the fifteenth day of March, 1904. During said month, and while plaintiff was so in possession of the premises, he leased or sublet a portion thereof known as the “cigar-stand” to the defendant for the term of one year and one and a half months, from February 1, 1903, to and including the fifteenth day of March, 1904, which was the time when the plaintiff’s lease from the insurance company would terminate. The lease to defendant provided that the rent should be $80 per month,…