Lindley

This is an action to compel specific performance óf an option to purchase real estate. The option is contained in a lease of the premises which are the subject of the option.

Judgment was for defendant Dina E. Simpson, and plaintiff appeals from the judgment and from an order denying his motion for a new trial.

On the seventeenth day of January, 1901, William Simpson made a lease to plaintiff of the premises in dispute for the term of five years from that date, at a monthly rental of $10, payable quarterly in advance. The lease contained an option in the words and figures following, to wit: “The party of the first part hereby gives to the party of the second part, his heirs and assigns, the exclusive right to purchase said property for eighty ($80) dollars per front foot cash during the life of this lease, and upon payment of said amount agrees to furnish a good deed and unlimited certificate of title from Title. Insurance & Trust Co., or Title Guarantee and Trust Co. of Los Angeles, showing said property clear of all incumbrance.” This instrument was regularly recorded in the records of leases of Los Angeles county on January 28, 1901.

On August 20, 1902, William Simpson died…