Oliver

This is an appeal by plaintiff - from a judgment given by the trial court in favor of defendant on the pleadings, the -motion for such judgment being based on the ground, among others, that the complaint did not state facts sufficient to constitute a cause of action.

The action was instituted on April 10, 1909, to recover the sum of $455; The complaint showed substantially the following facts: On November 14, 1908, plaintiff’s testator leased to defendant by an instrument in writing certain real property for the term of one year, commencing November 15, 1908, and ending November 14, 1909, in consideration of which defendant agreed to pay as rent seven hundred and eighty dollars in monthly installments of sixty-five dollars, payable in advance on the fifteenth day of each month during said term, and also agreed that he would keep the premises in good order and repair and pay all water, gas, electric light, and telephone rates. On November 15, 1908; defendant entered into the sole and exclusive possession of said premises, “and has ever since remained therein, and has paid all rents thereon up to and including the month beginning the 15th day of March, 1909, together with” the…