Lacrabere

The appeal is from the order denying defendants’ motion for a new trial. The action is for unlawful detainer, the complaint being in the usual form.

1. Appellants contend that the evidence does not show that the defendants ^yer agreed to pay any rent to the plaintiff. The court finds that on or about April 1, 1898, the plaintiff, by an agreement and lease, at Watsonville, in the county of Santa Cruz, leased, demised and let to the said John H. Wise and H. E. Wise, associated and transacting business under the firm name of Christy & Wise, certain premises situated in said county of Santa Cruz, for the term of one year, or as long as there was sufficient pulp on said premises adjoining the said demised premises to feed 2,600 head of sheep upon the said demised premises at the monthly rent of $50, payable monthly on the first day of each and every month, the first month’s rent to be paid on the first day of May, 1898. The testimony of the plaintiff was positive to the making of the lease according to the foregoing finding, but it is contended by appellants that this evidence was entirely neutralized by the receipt which the plaintiff gave the defendants for the first month’s rent.…