Hall

This is an appeal from a judgment and order denying defendant’s motion for a new trial in an action of unlawful detainer.

The plaintiffs allege that on or about the first day in May, 1886, they by a verbal agreement and lease leased and demised to the defendant certain premises now in his possession, to have and to hold at the will of the plaintiffs; that- plaintiffs, on the seventh day of January, 1888, terminated said lease by giving defendant a notice in writing to remove from the said premises within a period of one month from said date, and on the twenty-eighth day of March, 1888, three days’ notice in writing was given by plaintiffs to defendant, requiring and demanding of him possession of said premises; but defendant neglected and refused for the space of three days after said demand was served on him, and ever since has neglected and refused, to surrender possession of said premises; wherefore plaintiffs pray restitution thereof, etc.

Each and every allegation of the complaint is specifically denied by the defendant.

*436 And the defendant, further answering, alleges that he entered into possession of said premises, and made valuable improvements thereon, under a…