Riechhold

Action for damages for disturbance of lease. Defendant Sommarstrom Investment Company, a corporation, was at the time of the commencement of this action the owner of a three-story building situated in the city of Berkeley. The two upper stories thereof were divided into apartments which were occupied by some fifteen families. The lower story was divided into stores used for business purposes. These stores were leased by the company to one Witkow, co-defendant herein, for a term of five years ending on December 15, 1924. The stores were not partitioned off one from the other, but constituted one large space with three entrances. From the fifteenth day of September, 1919, Witkow conducted and carried on a grocery in the premises, the business occupying about two-thirds of the space thereof. About April 17, 1920, he subleased to plaintiff the portion of the premises not used by him. The space so leased extended from the north wall of the building to a row of wooden pillars which supported the superstructure and formed a part of the wall dividing the stores. This lease was for a period beginning May 15, 1920, and ending September, 1924. The premises were to be used by plaintiff for…