Driscoll

In this action of unlawful detainer the plaintiffs had judgment from which the defendant appeals. The action was defended upon the theory that the defendant was holding under an alleged modification of the original lease, and that he was not in default of the terms thereof.

Briefly stated, the facts of the case are these: On October 15, 1906, one McFadden, plaintiffs’ predecessor in interest, as lessor, and J. S. Myers, the defendant, as lessee, entered into a written lease of certain real property for a term of fifteen years, commencing January 1, 1907, and ending December 31, 1921. At the time of the execution of the lease, the demised premises consisted of an unimproved lot of land in the city of Oakland for which graduated rentals were provided to be paid in increasing amounts as follows: “$100 per month for each of the first thirty months; $120 per month for each of the second thirty months; $160 per month for each of the third thirty months; $225 per month for each of the fourth thirty months; $260 per month for each of the fifth thirty months, and $275 per month for each of the sixth and last thirty months thereof.” There was no agreement or obligation on the part of the…