Myers

Appeal by the defendant from the judgment and from an order denying his motion for a new trial.

The plaintiff was the owner of a lease covering a storeroom building in the city of Los Angeles. One of the storerooms of that building was known as No. 554 South Main Street. The storeroom was sublet in separate sections to several tenants. The defendant was the owner of one of these subleases for a' described portion of said storeroom for a period ending December 31, 1914.. There was extending through the storeroom an aisle space reserved for common use of the tenants. Defendant’s lease provided that “that certain space so reserved shall be used for the common purpose of ingress and egress of any and all persons doing business in said room and their patrons, and to be used exclusively for said purpose; it being especially and expressly agreed that no goods, wares, or merchandise shall be placed, kept, or permitted in said space so set aside for the common use aforesaid, but that the same shall at all times be kept free and clear for the uses hereinbefore specified.” In September, 1913, the plaintiff and defendant entered into an agreement whereby defendant’s lease (subject to the…