Colyear

Plaintiff brought this action to obtain a judicial determination that he had exercised an option to renew contained in a lease of premises in San Francisco owned by defendants, and was entitled to possession of said premises for a term of two years. From a judgment which decreed that plaintiff had not exercised said option, and that defendants and cross-complainants should be restored to possession, plaintiff prosecutes this appeal.

The lease in question was executed by one Kurz, then owner of the property, for a term of one year expiring on May 9,1934, at a monthly rental of $45. The option to renew is as follows: “It is hereby agreed that the Lessee upon expiration of this lease have a two year option to renew this lease at a monthly rental not to exceed 20% increase of the present rental basis.” It is agreed between the parties that this provision gave the lessee an option to renew the lease for a two-year term, the option to be exercised before expiration of the one-year lease period. Plaintiff conducted a shop on the leased premises for the sale of automobile accessories under the name of Colyear Motor Sales Company. Said shop was one of a number conducted by plaintiff in…