Egan

The plaintiff commenced this suit to recover from the defendant a balance alleged to be due for laundry work. The defendant answered and also set up a counterclaim, in which he alleged that the plaintiff was indebted to him for the rent of premises situate in the city of Fresno, and held by plaintiff under two leases from the defendant. The judgment of the court was in favor of the plaintiff, and that the defendant take nothing by his counterclaim. Defendant appeals.

The question presented for determination is as to whether or not the plaintiff was entitled, under the circumstances of the case, to abandon the premises held under said leases, and thereby terminate them; and calls for a construction of the provision of the leases relating to the obligation to keep the premises in repair.

Concerning the lessee’s obligation to repair, the lease of what is called the main building provides:

Both leases contain the additional covenant on the part of the lessee to the effect that: “He will surrender and yield up ■possession to the lessor all in good order and repair as the same is received by him, reasonable use and wear thereof and damages by the elements alone excepted.” It appears…