Ross

Action in unlawful detainer. Judgment went for plaintiff, from which defendant has appealed.

Plaintiff was the owner of a vacant lot in Los Angeles and, by a lease prepared by her and executed by the parties on November 29, 1919, she let and demised the same, with a two-story building to be erected thereon, to defendant for a term of ten years from the completion of the building. The portion of the lease pertinent to the question presented is as follows:

“The party of the first part [plaintiff] does hereby lease to the party of the second part [defendant] . . . her lot, 1337 S. Flower St., Los Angeles, California, with a two-story building to be erected thereon and to cost approximately Twenty-one Thousand Dollars ($21,000.00). In case of building being damaged or destroyed by fire, or other causes, party of the first part is to replace or build, as may be the ease, as soon as possible, and party of the second part is to continue the lease for the full term of ten years. . . . Said second party agrees to pay as rent for said premises the sum of 6% net on Thirty Thousand Dollars ($30,000.00), valuation of lot, 8% on cost of buildings, and to pay all taxes, . . . The object of…