Farris

Plaintiff appeals from a judgment for defendants entered upon a directed verdict. Defendants heretofore moved to dismiss the appeal or affirm judgment before filing of their respondents’ brief. We denied the motion and granted said respondents time to file their brief. (Farris v. Pacific States Auxiliary Corp., 1 Cal. (2d) 289 [ 34 Pac. (2d) 489 ].) Upon an examination of the briefs and transcript we are convinced that the judgment must be affirmed.

Plaintiff alleged that on September 30, 1930, defendants wrongfully ousted him from possession of an apartment house of which he was the owner, entitled to possession, and in possession. He further alleged that the property withheld produced monthly rentals of $1800, wherefore he had been damaged in the sum of $9,000 for the period of five months between the alleged ouster and the commencement of suit, *105 and that he would continue to be damaged at the rate of $1800 a month until restored to possession. He prayed for possession of the apartment house and its furnishings and for damages as above set forth.

Plaintiff learned of the apartment house property, situate in Alameda County and containing thirty-nine furnished apartments, on…