Fanta

This is an appeal from a judgment rendered in favor of respondent and against appellant in the sum of $5,000, with interest thereon from February 1, 1923.

In the month of September, 1912, B. Fanta, now deceased, was constructing an apartment house on the corner of Union and Tenth Streets in the city of Los Angeles. On September 20, 1912, he entered into a lease of the apartment house then under construction and known as the “Fanta Apartments,” leasing the same to Louettie A. Zuber for a term of ten years “commencing on the day said building shall be completed and ready for occupancy for the purpose of an apartment house,” and providing that the first month which the lessee should occupy the premises should be free and that the lessee should not be required to pay any rental for such month. The rental provided to be paid by the lease was $47,600 for the ten-year term in installments as follows: $400 on the execution of the lease, for which the lessor was to give a receipt for the rental for the month of January, 1913, and $400 on the first of each and every month thereafter during the term of the lease until the whole sum of $47,600 was paid to the lessor by the lessee. Thé lease…