Strong

This is an action to recover rent for space in a market house leased by plaintiffs to defendant. The complaint is in two counts, one for rent reserved in a written lease, the other for the reasonable rental value o£ the premises. In each count there are, in addition, claims for advertising of defendant’s business, and furnishing refrigeration in accordance with the provisions of the lease. Defendant counterclaimed for damages for breach of the lease, and filed a cross-complaint for rescission and for damages.

The court found for plaintiffs on all of the issues except the claim for advertising, and defendant appeals from the judgment.

All of the provisions of the rather lengthy lease, which was introduced in evidence, were for the benefit of the lessors except the covenant that the lessee should have “the exclusive grocery privilege in this market as represented by our catalog issued monthly,” and the agreement of the lessors to “maintain and conduct a public market in the above mentioned building.” The lease also contained a provision that the lessee should “comply with the rules and regulations of the lessor as printed hereon now in force or which may hereafter be adopted.”

On…