Andrews

This is an action for the condemnation of real property under the right of eminent domain. Plaintiff had judgment and defendant Harbor Lumber Company appeals.

On May 27, 1916, The Long Beach Savings & Trust Company entered into a writing with Clark Horsford, the trust company being the owner of the property sought to be con demned and in which, appellant claims an interest, and Horsford acting as the agent of appellant. On account of Horsford’s peculiar manner of executing the document, which appears below, it is to be remarked that both parties signed it the same day. The instrument, in its material parts, after the heading “Offer to Sell and Option,” follows:

On ¡June 1, 1916, appellant took from the trust company a lease for three years on the property described in the above instrument, and was thereafter in possession of the premises under the lease.

In December, 1918, respondent purchased from the trust company the property described in the two instruments, appellant still being in possession of the premises under the lease. The appellant was not molested in its possession by reason of the purchase by respondent, but thereafter it paid to respondent the monthly rent…