Craig

The plaintiffs Mary Lynde Craig and Samuel Lynde Foster recovered judgment against defendants for the possession of certain premises, together with the sum of fifteen hundred dollars damages, with interest and costs, in an action of unlawful detainer.

The defendants have appealed from an order denying their motion for a new trial, and from so much of the judgment, as awards damages, but not from that portion which awards possession of the premises to plaintiffs.

Appellants urge that “the complaint does not state facts sufficient to constitute a cause of action,” and contend that the complaint should contain an allegation of the giving of a notice to quit. But the complaint in this case alleges a holding over without the permission of the landlord or bis successor in estate after the expiration of the term fixed in the lease. As alleged in the complaint, by express provisions of said lease, the term thereof expired bn the first day of December, 1901. In such a case neither a three days’ notice to quit nor a thirty days’ notice of the termination of the lease is required. (Code Civ. Proc., sec. 1161, subd. 1. See Church v. Quan Wo Chung & Co., 91 Cal. 583 , [ 28 Pac. 45 ] ;…