Peronnet

This is an action of claim and delivery. The property involved constitutes all the equipment, furniture and fixtures contained in and pertaining to a certain theater known as the Tujunga Valley Theatre, situate at Tujunga, California, of the stipulated value of $5,000. Judgment was entered in favor of the cross-complainant, George R. Frampton, for the return of said property, or for $5,000, the value thereof. The plaintiffs have appealed from the judgment.

The bill of exceptions show that on April 14, 1924, the plaintiffs Peronnet and the defendants William A. Ralph and Lulu E. Ralph, entered into the following agreement:

Two days later another agreement was entered into by the same parties as follows:

In accordance with said agreements the Peronnets leased the theater building to the • Ralphs for the term of five years, and the latter were let into possession of the building in accordance with the terms of said lease, and were given possession of all of the personal property. On April 16, 1924, the said lease, together with the following escrow instructions, were delivered to the Tujunga Valley Bank:

Among the conditions printed on the back of the escrow form is the…