Haddad

This is an action to recover damages for the wrongful eviction of plaintiff, as a tenant, by defendants, as his landlords. A nonsuit was granted as to defendant McDowell. Plaintiff had judgment against defendant corporation and that defendant appeals.

The trial court found to be true an allegation of the complaint that respondent had leased from appellant the westerly 150 feet of “lots 10 and 11”, the court having also found that appellant was the owner of the property mentioned. It is contended that the finding first mentioned is not supported by the evidence for the reason that the lease covered only the westerly 100 feet of lot 11. It is said in the brief: “All the rest of lot 11 and all of lot 10 were not leased to him, but were subjected to a right of way for Haddad and his tenants.” The nature and extent of this right of way are not pointed out, but it is stated in appellant’s brief that “The amended answer alleged that each lot was only 150 [sic] long, and that the easterly 50 feet of each of the lots was improved with an automobile shop not concerned in this lease.” There is, however, nothing to show that evidence was introduced to prove the allegation, if the answer in…