Meyer

This is an appeal from a judgment rendered upon the refusal of the plaintiffs to amend their complaint after the demurrer of the defendant thereto had been sustained.

After some formal allegations and a description of the property involved in this litigation, the complaint sets forth that on September 30, 1908, the defendant agreed with the plaintiffs to let, lease and demise to them a certain store in a certain building to be erected on Market street in San Francisco, which said agreement is as follows;

That upon the execution of said agreement the plaintiffs paid to the defendant $500, the sum acknowledged to have been received therein. That after the making of this agreement, to wit, on October 1, 1908, the parties agreed upon all the terms and conditions of a lease, but that the defendant, without any reason or cause therefor, refused to execute it. The complaint, after further alleging, among other formal matters, the willingness and ability of the plaintiffs to perform the covenants of the lease on their part, concludes with a prayer for a decree, directing that a lease embodying the terms of the agreement be executed by the defendant, and that it be specifically…