McCarthy

In the month of April, 1909, plaintiff and defendant entered into an agreement in writing, by which the defendant agreed to and did lease from the plaintiff, fully furnished, the property known as the “Hotel Victoria,” in the city and county of San Francisco, for the term of five years.

In the month of May following the defendant went into possession of the leased property, and ever since has been in the use and occupation thereof as the tenant of plaintiff.

By the terms of the lease the defendant was required to maintain to the best of her ability the upkeep of all furnishings during the life of the lease. The defendant became indebted to the plaintiff in the sum of $2,000 for rent for the month of April, 1910, but paid on account thereof only the sum of $1,300.75. She refused to pay the balance of $699.25, claiming the right under the terms of the lease, and the subsequent acquiescence of the plaintiff, to withhold the same as reimbursement for money to that amount expended by her in replenishing and replacing the original furnishings of the hotel which had become worn and unfit for use.

Plaintiff disputed the right of the defendant, under the terms of the lease or otherwise,…