Harkins

Action for declaratory relief based upon certain written leases. The complaint alleges, in substance, that plaintiff and defendant J. H. Bruns entered into a lease for the term of ten years, commencing on the twenty-sixth day of December, 1916, and ending December 26, 1926, covering certain premises located at Nos. 2011 and 2015 Mission Street, and known as McKinley Market. That in the said lease an option was reserved in favor of the plaintiff providing that in the event all the terms and conditions were faithfully and satisfactorily performed the lessee should have the first option or right of a lease for another term of ten years upon the expiration of the lease, the rent, if not agreed upon, to be fixed by arbitration, said option to be exercised by the lessee fifteen days before the expiration of the lease. At the time of the execution of this instrument defendant Bruns was the owner of said premises, but he subsequently sold the same to defendant Lachman Bros. Investment Company, a corporation, which is the present owner thereof. The complaint, proceeding, alleges that plaintiff has . faithfully and satisfactorily performed and carried out all the terms and conditions of the…