Schweikert

Action to recover possession of real property demised by plaintiff to defendant, the léase having expired, and defendant continuing in possession. The cause was tried by the court without a jury, and judgment given in favor'of defendant, from which, and from the order denying his motion for a new trial, plaintiff appeals.

The complaint sets forth a written lease for one year from November 5, 1896, at a certain cash rental; that on November 6, 1897, plaintiff made demand in waiting for possession; that more than three days have elapsed since making demand, and defendant has refused and neglected to quit possession. The complaint was filed November 24, 1897, and states the action of unlawful detainer, under section 1161 of the Code of Civil Procedure. The answer alleges that about March 15, 1897, plaintiff and defendant entered into an agreement by the terms of which plaintiff leased the premises to defendant for an additional year, to begin at the expiration of the term for which defendant then held the premises, and on the same terms; and that plaintiff further agreed at the same time to employ defendant to do certain described farm work for him, and apply the compensation…