Upp

This is an appeal by plaintiff from a judgment in favor of defendants in an action in which plaintiff sought damages for breach of a lease of certain premises owned by defendants and which plaintiff desired for the operation of a bakery business. The complaint alleged failure of respondents to place appellant in possession of property pursuant to a lease, and the answer denied that the lease ever became legally effective, alleging that the document was subject to a condition precedent which had never occurred. Evidence of the condition precedent was offered at the trial without objection, and the trial court found that the document was subject, to such condition which never had occurred, hence the lease never had become effective.

At the trial it was shown that in October, 1945, a wholesale bakery known as the Boudin Bakery was being operated on the premises owned by respondents at 387 Tenth Avenue in San Francisco under a lease to one Laclergue. It became involved in financial difficulties, and its affairs were taken over by the San Francisco Board of Trade and a plan was worked out with creditors under which Laclergue sold the business to a Mr. Singer and another, who gave…