Dunn

Appeal from judgment against defendants and •order denying defendants’ motion for a new-trial.

The action was brought by plaintiffs, as the lessors, to recover rent for certain premises, situate in the city and county of San Francisco, let to the Stegemanns. The San Francisco Breweries, Limited, guaranteed the payment of the rent and other covenants to be performed by Stegemann Bros.

No issue is made in the pleadings as to the execution of the lease, which is set forth in full in the pleadings.

The lease contains the following provision: ‘ ‘ The said parties of the second part [lessees] agree not to directly or indirectly use, or allow to be used, the said premises for any ■other purpose than that of saloon and cigar-stand without the written consent of the parties of the first part.”

In response • to certain issues presented by the pleadings the court found, “That the charter and ordinances of the •city and county of San Francisco provide that no person shall engage therein in the sale of liquor as retail liquor •dealer or saloon-keeper without first securing a permit or license therefor in the said city and county of San Francisco, and that no permit or license shall be…