Journe

Action for rents for certain premises situated in the city of San Francisco. The trial was by the court, a jury-having been waived, and plaintiffs had judgment, from which and from the order denying his motion for a new trial defendant -appeals; The pleadings are verified. The facts appear from the findings to be as follows: Plaintiffs’ intestate was the owner of the premises, and on November 1, 1873, by an agreement in writing, leased them to defendant for the period of twenty years (i. e., to November 1, 1893), at the monthly rental of one hundred and forty dollars, payable the first day of each month in advance; defendant entered into possession under the lease and continued in possession until December 22, '1894; plaintiffs’ intestate died February 16, 1893, and on December 27, 1893, A. C. Freese duly qualified and became administrator of the estate of deceased, and so continued until January 7, 1895, when all -of the estate, including all claims against defendant, was distributed to plaintiffs; defendant occupied the premises to November 1, 1893, under the lease, and thereafter and until December 22, 1894, he occupied the premises “under an agreement made between these…