Samuels

Plaintiff brings this action for declaratory relief and alleges in substance that on the 15th day of September, 1943, plaintiff and defendant entered into a written lease ■covering properties known as 437, 439 Market Street in the City and County of San Francisco; that said lease provided that the term should commence on the 15th day ■of September, 1943, and “extend for a period of six (6) months from and after the cessation of hostilities in the present war with Japan.” That by the words “cessation of hostilities in the present war with Japan,” it is alleged that plaintiff and defendant intended to refer to the “cessation of open and hostile warfare as accomplished by the surrender of Japan on August 14, 1945,” as distinguished from a “Presidential or Congressional declaration of the end of the war, which event has not yet occurred and may not occur for some years in the future.” It is further alleged that a dispute has arisen between the respective parties as to the construction of the provision of the lease.

Plaintiff seeks a declaration of his rights, and for a judgment of this Court “specifically declaring that hostilities in the present war with Japan ceased on August 14,…