Rohan

This appeal is presented upon the judgment-roll and is from a judgment in favor of the defendant after an order sustaining his demurrer to the plaintiff’s last amended complaint, the latter having declined to further amend his pleading. The action is one for damages in a large sum alleged to have been caused by the defendant’s breach of an agreement to execute a lease to certain premises in the city of Oakland. The agreement, which is in the form of a written offer to lease said premises on certain terms, which offer the defendant accepted upon its face, reads as follows:

“Oakland, California, July 17th, 1919. “Mr. Frank H. Proctor,

“Union Savings Bank Building,

‘ ‘ Oakland, California.

“Dear Sir:

“I am prepared to make you the following proposal of lease on the ground floor of the property now known as No. 1728-1744 Broadway and the abutting land running through to Franklin Street approximately an area of one hundred (100) feet on Broadway by three hundred (300) feet deep to Franklin Street with a frontage on Franklin Street of one hundred (100) feet on the following basis of rental: First year $1000.00 per month.

Second ” 1250.00 ”

Third ” 1500.00 ”

Fourth ” 1750.00 ”…