Wiener

This is an action to recover the possession of certain real property situated in the city of Fresno, alleged to be unlawfully withheld from plaintiff by defendants. Defendants claim possession under the provisions of a lease from the owner to H. Graff & Co., and by subleases by the latter.

It appears that the property in question was the subject of a lease between the owner, one J. J. Konigshofer, as lessor, and H. Graff & Company, a copartnership, lessees, dated December 1, 1899, for the term of five years, from its date, at the yearly rental of $1,500, payable monthly in advance, on the first day of each month, in equal monthly installments of $125. The lease contained the following provision: “And it is hereby further agreed, that the parties of the second part (lessees) shall have the privilege of one year’s additional lease on the same terms and at the sáme rental as heretofore, provided that they signify their acceptance in writing to the party of the first part (lessor) on or before September first, Nineteen hundred four”; that the rental was paid at all times, as agreed in the lease, to W. T. Mat-tingly for the lessor, who appears to have been his agent to receive the…