Wineburgh

This appeal is from a judgment in favor of the defendant, after an order sustaining his demurrer to the amended complaint, and is presented on the judgment-roll.

Prom the amended complaint it appears that on June 25, 1910, John H. Gay, owner of two store-rooms in the city of San Diego, signed and delivered to appellant a memorandum reading as follows:

It is alleged that it was- understood by both parties that the memorandum was intended to state that the rental was to be two hundred and fifty dollars per month during the first two years of the proposed term, and two hundred and seventy-five dollars per month during the three following years. The complaint does not directly allege acceptance of the proposition set forth in the memorandum. But it is alleged that on June 27, 1910, plaintiff caused to be prepared and submitted to defendant a form of contract incorporating “the desired provisions” to be contained in the lease. This was not accepted by the defendant. Thereafter, on July 2, 1910, defendant prepared a form of lease which “contained a provision which was unacceptable to plaintiff, and which said provision defendant admitted had been improperly included in said form of…