City of Paris Dry Goods Co. v. Spring Valley Water Co.

This is an appeal from a judgment entered against plaintiff upon the sustaining of defendants’ demurrer to plaintiff’s third amended complaint.

The action was brought for the purpose of quieting plaintiff’s title to a leasehold interest in certain premises situated in the city and county of San Francisco.

As appears from the complaint the Spring Valley Water Works, a corporation, in 1897 leased for the period of twenty years a portion of a building to Gaston Verdier and Auguste Justin Georges Fusenot. Subsequently the lessees assigned their interest in the leased premises to plaintiff, with the consent of the lessor, and the lessor transferred its interest to the defendant Spring Valley Water Company. The premises consisted of all the second, third, fourth and fifth floors of a six-story building, and also all of the basement and first floor of said building except one office, an elevator shaft and vestibule on the first floor, and the southeast quarter of the basement.

The lease contains the following provision: “It is understood and agreed that if any portion of the demised premises shall be destroyed by fire, earthquake, explosion, or any cause beyond the control of the…