Elberg

The plaintiff appeals from a judgment in favor of defendant, in an action for a judgment determining defendant’s right of occupancy of a portion of a store building and requiring defendant to vacate and surrender possession. The appeal is on the judgment-roll.

In the month of August, 1922, plaintiff’s predecessor in interest made and executed a lease with the defendant Elberg. A brief history of the transactions involved, as shown in and admitted by the pleadings, is: For many years prior to August, 1922, B. Katschinski conducted a retail shoe business on Market Street in San Francisco, California, under the fictitious name of Philadelphia Shoe Co.; that in August, 1922, when the lease in question was exe cuted, he was engaged in the construction of a store building on leased ground on Mission Street in said city, with the purpose of conducting therein a shoe business under his trade name of “Philadelphia Shoe Co.”; that the Mission Street store was completed about March 1, 1923, and about March 19, 1923, he commenced his shoe business therein and continued to conduct said business until it was transferred to the plaintiff corporation; he transferred to the plaintiff corporation…