Cook

This action was brought to recover possession of a certain lodging-house known as the “White House” and the lot upon which it stands, said premises being in the city of Sacramento.

At the close of plaintiff’s evidence, the court, on motion of defendant, granted a nonsuit, and judgment was accordingly entered. Plaintiff prosecutes this appeal from the judgment on a bill of exceptions.

It is alleged, and not denied, that plaintiff’s testate was, at the time of her death, the owner, in the possession, and entitled .to the possession of the premises described in the complaint.

Defendant is the surviving husband of deceased. His sole contention is, that after the death of his wife he became, by virtue of a contract or agreement with plaintiff, a tenant at will of the premises, and as such was entitled to thirty days’ notice before his tenancy could be terminated. It is not claimed that such notice was given. The case, therefore, must turn on the question as to whether or not the defendant, after the death of his wife, became a tenant at will of the premises, or the agent of plaintiff for the purpose of collecting the rents from the lodgers and turning them over to the plaintiff. It…