Johnston

This case has been up on appeal once before, when a new trial was ordered, with leave to plaintiff to amend his complaint. (Johnston v. Mulcahy, 132 Cal. 606 , [ 64 Pac. 1077 ].)

The case comes before us upon three appeals, to wit, an appeal from the judgment, an appeal from the order denying plaintiff’s motion for a new trial, and an appeal from the order denying plaintiff’s motion to strike out defendant’s cost-bill, which are embodied in one transcript.'

It appears that plaintiff entered into a contract with defendant May 17, 1878, set forth in two writings. In the first plaintiff in terms leased certain real estate of defendant for the period of six years, and agreed to pay therefor a monthly rental of $45.07 in advance on the first day of each month, and also agreed to pay all taxes, water rent, and for all repairs and expenses for street work of every nature, and to keep the property insured for the benefit of the lessor in the sum of $2,000.

In the second writing, executed the same day, it is in terms agreed that if plaintiff shall faithfully comply with the terms of said lease, and shall further pay to the defendant the sum of $1,350 and interest, according to the terms…