Frankfurt

This appeal is taken from judgments rendered in two cases consolidated for trial. Appellant, as lessee, and respondent Victor Frankfurt, as lessor, entered into a 10-year lease which by its terms was to commence on July 1, 1957, and provided for a monthly rental of $250. Upon execution of the lease, $500 was paid to respondent lessor to cover the first and last months’ rent and it was further provided that the lessee would not be liable for the rent until such time as the lessor could deliver possession. Lessor’s delivery of possession became possible on September 1,1957.

The leased premises consisted of the lower floor of a two-story building. The upper floor owned by respondent Frankfurt was used as a hotel. The findings of fact of the trial court declare that on various dates in 1958, defective plumbing in the upper portion of the building caused discolored water and plaster to fall into appellant’s portion of the building; that respondent Frankfurt repaired such defects; that minor damage was caused to appellant’s personal property, but because appellant never repaired its property, the amount of such damage was unknown.

On October 14, 1958, appellant served on respondent…