Lang

Appellants brought this action to reform a lease of real property and for damages for its alleged breach. Defendant had judgment and plaintiffs appeal.

In 1907, the Tacoma Bottling Company, of which George Alpers was president, was dealing with the defendant, and buying its product. Being desirous of a wider outlet for his company’s goods, Alpers negotiated with plaintiffs for a lease of the property in question, in behalf of one of his customers, Faktor, He represented to the defendant, in sub stance, that the lease could be obtained if the defendant would guarantee its performance, to which defendant agreed. When the document was prepared, however, it was executed by defendant, not as guarantor, but as lessee.

Under the terms of the lease the appellants agreed to erect the building and let it to respondent “for the term of ten (10) years, commencing on the first day of August, one thousand nine hundred and seven.” A further clause in the lease reads as follows:

The building was not completed until in January, when respondent went into possession, paying no rent until the first of February, 1908. It continued to occupy, and use, the premises until August 1, 1917, when it…