Blau

This is an appeal by defendant from judgment in an action of unlawful detainer.

The premises directly involved constitute the west half of the ground floor of a building on Mariposa Street, Fresno, numbered 2027. The other half of the same floor is numbered 2029. As owner of the three-story brick building in which the premises involved are located, Lena Brownstone, on April 7, 1919, leased the entire ground floor (2027 and 2029 Mariposa Street) to G. F. Blau for a term of five years from May 1, 1919. On May 1, 1919, the time of the commencement of the lease, Blau owned a barber-shop at 2027 Mariposa Street. He also, with Dan Blosser as a partner, operated the B and B Realty Company, at 2029 Mariposa Street. Under the Brownstone lease to Blau the rental of the entire floor was $160 per month for the first three years and $175 for the last two. The lease also contained a provision against subletting for any purposes other than those mentioned in the lease, being the businesses for which it was then used by Blau either as owner or partner. In November, 1919, Blau subleased 2027 to one Guest for the remainder of the five-year term, and also sold to the latter the barbershop he had…