Tolle

This is an appeal upon the judgment-roll alone by defendant and eross-eomplainant Helen G. Sutton from a judgment entered in an action for declaratory relief under section 1060 of the Code of Civil Procedure.

It appears from the findings that defendants B. E. Struve and Autumn Struve, husband and wife, being the owners of certain real property in the town of Carlsbad, San Diego County, entered into a written lease whereby they let to the plaintiffs, twenty-two in number, said real property for a period of ten years at $250 per month and agreed to construct thereon a building for use as a theater and stores. While the building was under construction the twenty-two plaintiffs sublet the property to defendant Clark at the same rental and for substantially the same term. Defendant Clark, upon completion of the building, entered into possession. Subsequently Clark entered into a partnership in the lease with defendant Atkison and Atkison transferred his interest to defendant Lewis, who in turn transferred to appellant Helen G. Sutton. In like manner Clark transferred his remaining interest to defendant Sonneman and Sonneman transferred to appellant. Thus since on or about April 11,…