¶1Opinion by
¶2Defendant in error was given a judgment of possession-in an action for the unlawful detention of real estate which he claimed under a lease from one Swetland, the owner thereof; plaintiff in error Kohler having possession of the same under a lease which was made by plaintiff in error Jesse Booth under an alleged agency from Swetland.
¶3Error is assigned on the overruling of a demurrer to the complaint,'the ground of demurrer being that no demand for possession was pleaded.
¶4There was no error in said ruling. Paragraph three of the complaint alleges that demand had been made upon each of the defendants.
¶5The only other question' argued is that Booth was the agent of Swetland; that he acted as such agent in leasing the premises to Kohler; and that the court erred in finding to the contrary.
¶6The case was tried without a jury, and a mass of correspondence between Booth and Swetland was put in evidence. There was oral evidence also supposed to bear upon this question.
¶7As against the plaintiff claiming under a written lease from the owner, the burden was upon defendant Kohler to establish his right to possession by showing that Booth was the agent of Swetland. This he wholly failed to do, and the finding by the trial court was the only finding which could properly have been made.
¶8The judgment is affirmed.
¶9Chief Justice Garrigues and Mr. Justice Burke concur.