Silva

This is an action of unlawful detainer. On October 5,1887, the defendant leased from the plaintiff certain premises in Contra Costa County for the term of one year, at a rental of one hundred dollars per month, payable on the fifth day of each and every month. The lease contains the following provision: “Should default be made in the payment of any portion of said rent when due, and for three days thereafter, the said lessor, his agent or attorney, may re-enter and take possession of said premises, and at his option terminate said lease.” It is alleged and found that the defendant went into possession of the property under the terms of the lease; that on the 5th of June, 1888, there became due from defendant to plaintiff the sum of one hundred dollars rent; that it was not then paid, nor for three days thereafter, and on the 9th of June following plaintiff exercised the option given him by the terms of the lease, and notified the defendant in writing that he terminated the lease, and on the same day gave defendant a further notice in writing that in consequence of the termination of the lease defendant was required to surrender to plaintiff the possession of the property within…