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— Plaintiff appeals from an order refusing a new trial.

*510 This action is by a landlord to recover damages from his tenants. He avers that in October, 1887, he owned the demised premises, and was carrying on there a lucrative bakery business, whic.i business added largely to the value of the premises; that defendants proposed to hire the premises, bakery, and business for five years, and to purchase his horses and wagons and the equipments of the establishment, and falsely and fraudulently represented that they would enlarge the establishment and business, and would operate the same for five years, when they would surrender the establishment and business to the plaintiff, while in fact they had no such intention, but their real design was to get control of the establishment and business and to remove the same to some other locality in the city; that, believing the representations, plaintiff did execute a lease to them, wherein defendants agreed to pay plaintiff, for the term of five years from October 19, 1887, the sum of $4,380, in monthly installments, sixty-five dollars per month for the first and second years, seventy-five dollars per month for the third and fourth years,…