Weichers

The plaintiff appeals from a judgment in his favor for damages in the sum of one dollar in a suit in which trial by jury was waived, upon a cause of action of the lessee of a portion of a building in San Francisco, for hotel purposes, for breach of an express covenant of the lease and of claimed implied covenants. The record is voluminous, and since the judgment must be sustained, no purpose will be served by an extended recital of facts. It is enough to say that since the lease was for hotel purposes, the appellant claims there was an implied covenant that the heating and hot-water plants should be adequate for the use to which the building was to be devoted. It is claimed the evidence shows that neither the heating nor hot-water plant was adequate, and because there was no direct and express finding upon the issue of adequacy that the judgment must be reversed.

On behalf of the respondent it is contended the rule of implied covenants does not go to the extent claimed ¡ by the appellant, and that the evidence upon the question qf adequacy was conflicting; further, that a finding to the effect that the heating plant was installed and ready for use when the lessee entered into…