Boyd

Action to recover damages alleged to have been sustained by reason of defendant’s failure to execute a lease of real property in accordance with its contract in writing so to do.

Judgment went for plaintiff, from which, and an order denying its motion for a new trial, defendant appeals.

Plaintiff was the owner of an old building which theretofore had been used as a livery stable. As a result of negotiations between plaintiff and defendant, a written contract was made whereby, in consideration of defendant agreeing to lease the same for a term of five years, plaintiff agreed to “build a two-story brick building, thirty-five by sixty feet, addition to the (old) building now located on the southeast corner of West Green and South Delacy streets, in the city of Pasadena, state of California; each story to be eight feet in the clear on each floor; the arrangement of stalls, doors, driveways and windows as per verbal agreement to suit said Model Grocery Co., . . . said building to be completed by July 1st, 1910.” Plans and specifications for the new building were drawn and approved by defendant, and the work of constructing the same completed in full accordance therewith. While the…