Burg

Plaintiff commenced this action in unlawful detainer to recover possession of premises held by defendant under a written lease. The cause was tried before the court and judgment went for the defendant. Plaintiff appeals from the judgment on a record prepared under section 953a of the Code of Civil Procedure.

The facts material to the appeal are that on December 1, 1920, plaintiff’s predecessor leased the premises to the defendant for a period of five years through a written lease signed by both parties which contained the following condi tion: “It is further agreed that if the parties of the first part make an actual sale of the above described property, then the party of the second part will vacate the premises, if a demand is made on him, due notice having been given him ninety (90) days in advance and the parties of the first part agree to pay to the party of the second part the sum of Five Hundred Dollars ($500) if the property is sold before Dec. 1st, 1923, provided the party of the second part is asked to vacate. Providing, however, that this lease shall not determine before May 1st, 1922.”

Acting upon the terms of this portion, of the lease the plaintiff, who had…