Kushner

The following opinion was written hy Burroughs, justice pm tempore, and is adopted as the opinion of the court:

This is an action for damages claimed to have been suffered by plaintiff by reason of the alleged- violation of an implied covenant of a lease for quiet enjoyment.

The court found against the allegations of the complaint and denied plaintiff any relief.

It appears from the evidence that the defendant was the owner of a lease of the store property at 601% South Grand Avenue, in the city of Los Angeles. The lease provided that it was subject to cancellation upon five months’ notice to the lessee in the event the owner desired to erect a new building on said property. During the term of said lease the defendant sublet a portion of said premises to one S. Yamanobe for the term commencing July 1, 1921, and ending December 31, 1925. The sublease contained no reference to the bulding clause above referred to. An officer of the defendant company and the sublessee Yamanobe testified that the latter knew of the building clause and took the lease with full knowledge and understanding that said lease could be terminated by the owner of the property as provided in the defendant’s…