London

This is the second appeal in the above-entitled action. (London v. Robinson, 94 Cal. App. 774 [ 271 Pac. 921 ].) After the remittitur went down and was received in the trial court the action was again called for trial. No amendments to the pleadings were made. The plaintiff offered certain evidence to which objections were made and sustained. After the plaintiff rested the defendants made a motion for a nonsuit, the motion was granted, and the plaintiff has appealed from the order granting the motion for a nonsuit.

As recited in the former decision, a permit was issued to the defendant Robinson authorizing him to construct an apartment house on his lot. Thereafter an amended ordinance was enacted which, by its terms, purported to place Robinson’s property in a first residential district. In the former decision this court decided that the amended ordinance was not retroactive and did not affect or limit the rights of the defendants. That decision was wholly confined to the zoning ordinances of San Francisco.

On the second trial the plaintiff offered several .pieces of evidence for the purpose of proving that the permit was not issued in compliance with the building Ordinance, the…