Briggs

This is an action of unlawful detainer. The complaint alleges that defendants held over after breach by them of certain covenants of a lease under which they occupied the premises in question in the cause and after due notice to quit. Judgment went for defendants and plaintiffs appeal.

The lease involved in the action was made to respondents by a predecessor in interest of the appellants. The latter, and their predecessor before them, occupied one-half of a certain storeroom and the lease to respondents demised the remaining half. The instrument contained a provision that the lessor “agrees to pay the water rate during the continuance of this lease, also to furnish free heat, electricity to be furnished by the lessee.” One of the allegations of the complaint is that respondents breached the covenant of the lease requiring them to furnish electricity for the premises. The trial court in effect found this averment to be untrue, for it found specifically that the predecessor of appellants, after the execution of the lease, entered into an agreement with respondents waiving the furnish ing of electricity by them in consideration of the agreement of respondents to allow him the use of…