The next contention is that the court erred in withdrawing the case from the consideration of the jury. The evidence introduced by the plaintiff is exceedingly vague, indefinite and contradictory — so much so as to leave it uncertain whether the defendants entered into possession under the Charpentier lease or under an arrangement with Lavell, the exact nature of which is not disclosed. For the purpose of defendants’ appeals, counsel have conceded that it was sufficient to make out a case for the jury. Charpentier’s lease was oral, but by its terms he was to occupy the premises for a term covering the year intervening between January 1 and December 31, 1912, for a rental of $1,200, payable in installments of $100 per month on the first of each month, in advance. He paid the installments for January and February. During the month of February, Lavell found the defendants in possession, and, after some demur, accepted the rent from them, and they continued in possession. Exactly when the formal lease to the plaintiff was executed does not appear, but for present purposes it may be assumed to have been executed prior to the date of the notice set out in the complaint. If plaintiff’s claim that defendants were holding under the Charpentier lease is well founded, it is only important that it does appear that plaintiff became the successor in estate to Lavell pending the term covered by it, and thus became entitled to the possession of the property at the expiration of its term. As a precautionary step to indicate to defendants that the plaintiff had been substituted as his successor, the notice by Lavell was proper. The defendants were not entitled to it, however; for, as already pointed out, it became their duty to vacate the premises upon the expiration of their term, without regard to whether Lavell was still the owner. Nothing else appearing, *502the plaintiff’s right to a verdict was established. The evidence introduced by the defendants, however, directly controverts plaintiff’s claim and tends strongly to show that the defendants went into possession under a specific agreement with Lavell, by which he leased the building to them for two years, from April 1, 1912, to March 31, 1914, and that, relying upon this contract, they purchased Charpentier’s business, which they would not have done in the absence of such agreement, because they did not care to embark in the business for the remainder of the term covered by his lease. Rouleau testified that Charpentier made an offer to sell the business to him in March, 1912; that upon ascertaining from him that the- lease would expire at the end of the year, he declined to purchase it; that it was then suggested by Charpentier that Rouleau see Lavell and ascertain what.prospect there was for obtaining a lease for a longer term; that he saw Lavell and having informed him that Charpentier was about to sell the business and that he (Rouleau) and his co-defendant Tetreault were willing to buy it, if they could secure a suitable lease, it was thereupon agreed by Lavell that they should have a lease for a term of two years, from April 1, 1912, for the same rental paid by Charpentier, with the privilege of a renewal for a term of three years more; that defendants thereupon made the purchase and entered into possession, thereafter making substantial repairs and permanent improvements upon the building; that though the written lease was prepared and submitted to the defendants for approval and was approved by them, Lavell failed to execute and deliver it; and that the repairs and improvements to be installed by the defendants were discussed at the time the oral contract was made, and the necessity for them, in order to conduct the business in the building, was the reason why a lease for a longer term than that under which Charpentier held was desired and granted. He related further that the rent was promptly paid; that at first Lavell declined to receive it but subsequently did so until January, 1913; that at that time an oral demand was made upon the defendants by the agent of plaintiff; that they refused to pay *503tbe rent to it or to recognize it as tbeir landlord; that they claimed to hold under their lease from Lavell, and were basing their right to continue in possession at the time the action was brought upon their contract with him; that after that date, upon refusal by Lavell to accept the installments of rent, defendants deposited them for the months- of January and February in the Silver Bow National Bank to his credit; that subsequent installments were paid by them to the First National Bank on his account; and that Lavell stated as his reason for not executing the written lease at once that he had to leave the city but would return in a few days and attend to it. He stated further that within a few days thereafter Lavell came into the place bringing a written lease expressing the terms which they had theretofore agreed upon, and left it; that he then said that, as the day was Sunday (which was the case) and the contract would not be valid if executed on that day, he would return and sign it on the following day; and that, returning on the following day and asking for the lease in order that he might sign it, he took it away and did not thereafter return it. It is suggested by some circumstances disclosed in the evidence, that the real reason why Lavell finally concluded not to execute the lease was that he had ascertained that the defendants were unwilling to keep for sale the beer manufactured by the plaintiff. This witness is corroborated in material respects by other witnesses; but even without this corroborating evidence there was presented an issue of fact calling for a finding by the jury. For if the defendants were not holding under an assignment of the Charpentier lease as alleged in the complaint, but under the unexecuted lease, this fact was a complete defense to the unlawful detainer charged. Upon the assumption that their lease was void because notuevidenced by a writing (Rev. Codes, sec. 5017), they had entered under it by permission of Lavell, and the court was not justified in concluding that they had entered under the Charpentier lease.