Withers

In an unlawful detainer action to recover the possession of the premises, and damages for holding over after the expiration of the term, the defendants had judgment. Plaintiff moved for a new trial, and now appeals from the order denying his motion.

On May 1, 1899, the plaintiff, by a writing, leased the premises, consisting of a livery stable and the lot upon which it stood, in Salinas City, to one Tollett, for a term of three years, ending April 30, 1902. In January, 1901, the defendants, W. T. and J. T. Massengill, took a sublease from Tollett for the balance of the term, at a rental of one hundred dollars per month. The defendants remaining in possession after the expiration of the Tollett lease, this action was commenced on the first day of May, 1902. The defense relied on is possession under an oral lease, claimed to have been entered into on the seventeenth day of February, 1902, between the plaintiff on the one hand and J. T. Massengill, acting on behalf of his son and co-defendant, W. T. Massengill, on the other, whereby plaintiff let the premises to W. T. Massengill for one year from February 17, 1902, at a monthly rental of one hundred dollars, to May 1, 1902, and…