Inman

On December 15, 1922, respondent in writing demised to appellant two parcels of land situate in the city of Los Angeles, described therein as follows:

Attention is called to that portion of the paragraph in the description of parcel 1 commencing in italics, and particularly the italicized portion, commencing “also the north 20 feet,” etc. This was the strip taken for the widening of Florence Avenue, for which an assessment was levied and which is mentioned and discussed hereafter.

The tenancy commenced December 15, 1922.

Said lease contained several further provisions which are material here, and for ready reference we will designate them as clauses 1, 2, 3, 4, and 5, respectively, and they are as follows:

By clause 2 appellant covenanted to construct on said premises a class A fireproof building within thirty days. This was never done, and in spite of his covenant appellant subleased a portion of said premises to the Shell Oil Company of California, who conducted a filling station thereon up to the commencement of this action. Respondent “protested” to appellant because of his failure to build said class A building, and his leasing to the Shell Oil Company.

In December,…