Orly

The plaintiff sued the defendant in an action of forcible entry and unlawful detainer; a trial was had before the court sitting with a jury; the jury returned a verdict in favor of the plaintiff for the restitution of the premises and $450 damages. The defendant moved for a new trial on all of the statutory grounds, the motion was denied, and the defendant has appealed under section 953a of the Code of Civil Procedure.

One Hamble owned a building on Macdonald Avenue, in the city of Richmond, which building was divided into two compartments, one known as 1100 and the other as 1102 Macdonald Avenue. In February, 1919, R. H. Curry held a lease on the building. While he was lessee the plaintiff rented, for no specified term, the compartment known as No. 1102 and paid his rent to the lessee in the sum of $18 per month, that is from the seventeenth day in the month to the seventeenth day of the next month. The lease which Curry held from the landlord contained an option that the lease could be canceled on the request of the lessee whenever prohibition was about to take effect. Accordingly the lessee took such steps that his lease was canceled July 1, 1919. Thereafter, during the month…