Gordon

This is a suit in. nnlawful detainer, brought against an assignee, who holds under a third assignment of the original lessee, after failure to pay rent after service of a three-day alternative notice to pay rent or quit, the property being then held under such assignment of lease, and originally the only question raised by appellant in this case was, that a sum of five thousand dollars had been received by the owner of the land by way of security only, and not by way of payment of the rent for the latter portion of the period of the lease.

This case is different from the average case in this regard in that the sum of five thousand dollars was not cash paid directly by the original tenant, but was a sum to be deducted from the cost of the construction of the building leased, which building was in course of construction by the original tenant, as a contractor. The phrase ology of the lease as to the five thousand dollars is as follows:

If if were not for the words “as security” and “shall faithfully and substantially comply with the terms agreed in said lease” there would probably have been no controversy between the parties with reference to what was meant. If the five thousand…