Worthington

This is an action for damages brought by a lessor of an office building against a former lessee. After a court trial plaintiff was awarded $8,035 as the cost of restoring the premises and $2,100 for loss of rent during the three months required to complete the work. Defendant is appealing from the judgment.

In the trial court this action (superior court No. 873821) was consolidated with another action (No. 803828) brought by the same plaintiff for breach of an earlier lease. The trial court found against plainitiff on that claim, and no attack is made here on that portion of the judgment.

The essential facts, as shown by the evidence and found by the court, are as follows:

The lease recited: “The premises are to be used for the operation of a medical clinic, doctors’ offices, clinical laboratory, optical laboratory, pharmacy and for such incidental uses as may be necessary or convenient in the operation thereof.”

One of the covenants of the lease was: “Lessee shall make no changes, alterations and/or additions of a structural nature in or to the demised premises without the prior consent of Lessor. ...”

In 1959 defendant, with plaintiff’s consent, made extensive…