Bacon

The plaintiff here appeals from a judgment entered upon an order sustaining a demurrer to his complaint without leave to amend. The third ground of demurrer, that the cause of action set up in the complaint is barred by sections 337, 338, 339, of the Code of Civil Procedure, is the only question here presented.

The complaint sets forth that the plaintiff leased from defendant certain real property for the term of one year. The lease, a copy of which is attached to the complaint, gave to plaintiff an option to an additional term of four years. Defendant, after the expiration of the first year, evicted, ousted and drove plaintiff from the leased premises, although plaintiff theretofore had notified the defendant that he would exercise his option for the additional term. Plaintiff, upon this appeal, takes the position that the implied covenant for quiet possession under the lease (sec. 1927, Civ. Code) is a continuing covenant for the term of the lease; that defendant’s breach of the covenant was temporary in character, and that his cause of action was in no way limited by the date of the breach, but continued during the additional term of four years.

The act of which plaintiff…