Pedley

This is an appeal by defendant from an order denying his motion for a new trial.

There is no great difference in the contentions of the litigants regarding the essential facts, but there is a wide diversity of opinion upon questions of law.

That defendant entered into possession of a tract of land then belonging to the Corona Water Company on February 1, 1902, and remained in occupancy of said property until May 13,1913, is undisputed, and there is no doubt that during that time defendant made payments of money, furnished lumber for a building on the land, paid for capping a well, paid taxes, and expended money otherwise on behalf of the landlord.

The amended complaint was originally in two counts, but the cause was finally tried upon that which charged the pri- • mary indebtedness of defendant to plaintiff to be based upon the reasonable value of the premises for the years during which James J. Doyle occupied the land. Plaintiff sued as the alleged assignee and successor of the Corona Water Company. By the complaint the reasonable worth of the right of occupancy which the defendant had enjoyed was alleged to be $6,795, and it was further alleged that at various times during…