Adelstein

This is plaintiff’s appeal from a judgment in defendants’ favor in an action in unlawful detainer.

For more than three years prior to the month of April, 1923, respondents Isaac Greenberg and Solomon Lipschitz, as copartners, were engaged in the millinery business, operating three stores in San Francisco and two in Oakland. One of their San Francisco stores was located on Fillmore Street in premises owned by appellant. On April 26, 1923, appellant entered into a written lease with respondents for the continued use of said premises for a term of six years and nine months, commencing on May 1, 1923, the total rental being $26,775, payable in monthly installments ranging from $275 to $375 during the period of the lease. The terms of the lease recited that respondents had paid appellant the sum of $1,125 “as a bonus for obtaining” the lease, and it was agreed that in consideration of the full performance by respondents of the terms, covenants, and conditions of said lease, appellant would pay to respondents at the expiration of said lease the sum of $1,125; otherwise they were to receive nothing.

The copartnership continued to conduct the business in the premises leased from…