Claussen

In this action plaintiff sued for rent of $150 a month, alleged to have accrued under the terms of a written lease for the months of November and December, 1918, and January and February, 1919. As prayed for, the court gave judgment in favor of plaintiff for six hundred dollars, from which defendant appeals.

As shown by the complaint and answer, the facts presented, other than the months for which the recovery of rent is sought, are identical with those involved in same title, No. 3073 in this court, wherein an opinion was this day filed. As in that case, this action is based upon a lease, the execution of which and nonpayment of any sum whatsoever as rent for the months of November, December, January, and February is admitted. The facts set forth in defense of plaintiff’s right to recover are identical with those contained in the answer in the former case. Defendant offered evidence as to the reasonable rental value of' the premises for the months specified in the complaint, to which plaintiff’s objection was, for the reasons given in the opinion in No. 3073, properly sustained.

In addition to the matters there set up as a defense, the defendant in this action alleged—for what…