Leitch

This is an appeal from the judgment entered upon an order granting the defendant’s motion for a nonsuit upon the close of the paintiff’s case and from an order refusing to accord to the plaintiff a new trial.

The complaint alleges that, on or about the thirtieth day of June, 1911, Bceles & Smith Company, a corporation, regularly organized and existing under and by virtue of the laws of the state of California, and. whose principal place of business is in the city and county of San Francisco, entered into a written contract of lease with the defendant, whereby the former leased to the latter certain machinery, which was to be used by the defendant at Rocklin, in Placer County. For the use of said machinery the defendant agreed to pay to said corporation, at the city of San Francisco, the sum of four hundred and fifty-five dollars, in installments .as follows: July 27, 1911, one hundred and fifty-two dollars; August 27, 1911, one hundred and fifty-two dollars; September 27, 1911, one hundred and fifty dollars. Said lease provided that “time is of the essence of this agreement,” and that a failure by the defendant strictly to keep and perform any of the covenants or provisions…