Bussell v. Swift

The defendant was in arrears for rent for a certain house and lot rented from the plaintiff at $15 per month. One Carroll acted as the agent of the plaintiff in renting the premises and in endeavoring to collect the rent of the defendant. The plaintiff instituted proceedings under section 5385 of the Civil Code (1910) to secure possession of the premises. The defendant filed his counter-affidavit, in which he set up that the rent term had not expired and that he had not been given “notice to vacate as required to be given a tenant at will or sufferance.” Bond for the condemnation money was…