Bilicke

Action to recover monthly installments of rent for July and August, 1907, upon a lease of a storeroom.

Judgment went for plaintiff, from which defendant appeals upon the judgment-roll alone, claiming the judgment is not supported by the findings.

The lease was made to one E. W. Raymond, and in consideration of its execution defendant agreed that if the lessee should not pay the rent specified in the lease in accordance with the. terms and provisions thereof, he would pay the same on demand therefor. The suit is against defendant upon this guaranty. While several defenses are set up in the answer, the only one urged on the appeal is the alleged constructive eviction of the lessee from the leased premises by plaintiff. The question therefore presented is whether or not the facts found by the court, considered with the admitted covenants of the written lease made on the part of the lessee, show his eviction by plaintiff. The premises, which were leased for the period of thirty months, commencing July 1, 1906, and for the purpose of conducting the business of a-physicians’ institute, are situated in Los Angeles and described in the lease as “That certain storeroom known as and…