Goldschmidt

Plaintiff on the first day of July, 1915, leased to defendants certain real property located within the city of Los Angeles. The lease term was five years at a monthly rental of $250. The purpose for which the defendants desired to use the property was to conduct thereon a winery and wholesale and retail liquor business. In January, 1920, the national prohibition law became effective, which made it unlawful for the defendants to conduct on the leased premises the business referred to. They tendered to the lessor unpaid rental accruing up to the sixteenth day of January, 1920, amounting to $133.07, which tender was refused, the lessor insisting that the lease was not abrogated but that it continued binding for the full remainder of the five-year term, notwithstanding the adoption of constitutional amendment No. 18. The trial court sustained the contention of the defendants and rendered judgment in favor of the plaintiff only for the amount of rental theretofore tendered, no costs being allowed to either side. From that judgment plaintiff has appealed.

Appellant advances first the broad contention that where a lease of real property is made, binding the lessee to the requirement…