Werner

In the consideration of this appeal it will be necessary to analyze a former case which we shall call the earlier case, and relate it to the case here now on appeal, which we shall call the instant case. Both cases were between the same parties and both arose out of one certain written lease for the use of land by the United States for military purposes.

The lease as originally drawn was for the term beginning February 1, 1943, and ending June 30, 1943. At the option of the United States it was subject to renewal from year to year. Subsequently the lease was modified by cancelling the annual re newal provision and substituting instead the following:

In the earlier action Werner, who had succeeded to the ownership of the land, sought to have the above quoted provision of the lease reformed to speak the alleged understanding of the parties. He prayed that the lease upon reformation should provide for its termination “six months from the date of the cessation of the actual hostilities with the Axis nations then at war or the surrender of said Axis nations.” Werner also prayed “For the reasonable value of the use and occupation of said real property occupied by defendant since the…