Claussen

In this action plaintiff sought to recover rent of $150 per month, alleged to be due for the months of April to October, 1918, inclusive, under the terms of a written lease made by its assignor to defendant herein.

The court found that plaintiff was entitled to forty dollars per month for the period in question, and gave judgment accordingly, from which plaintiff appeals.

The lease, the execution, of which defendant admits, provided that the demised premises, situated in the city of Los Angeles, were to be “used for the purpose of conducting and carrying on the business pertaining to a general retail liquor establishment,” for a period of five years from February 7,1916. Among other provisions contained in the lease was a covenant on the part of the lessor “that should the city of Los Angeles be voted dry and all retail liquor establishments be abolished, and should the within premises thereby become worth less rent per month than the amount above stated [$150 per month], that she will grant such reduction on said rent as she may deem proper at that time.” In his answer defendant, admitting that no payments had been made on account of the rent accruing for said months under the…