Knight

Respondent had judgment in the lower court as the plaintiff in an action in unlawful detainer. The defendant, Henry Black, has appealed from the judgment and from an order denying him a new trial. The points presented upon the appeal relate mainly to the overruling of the defendants’ demurrer to the plaintiff’s complaint, the sustaining of the plaintiff’s demurrer to the defendants’ cross-complaint, and the granting of plaintiff’s motion to strike out parts of the defendants’ answer.

The plaintiff’s cause of action is founded substantially upon the following facts:

On November 23, 1908, plaintiff leased to the defendant certain premises in the city and county of San Francisco for a period of ten years from and after the completion of a building which plaintiff agreed to erect upon the premises. The building was completed on the twenty-fifth day of June, 1909, whereupon defendant went into possession under the terms of the lease.

The lease contained some sixteen covenants. Of these an alleged breach of the fourteenth, taken in connection with the sixteenth, was the basis of the plaintiff’s cause of action. The fourteenth covenant of the lease reads as follows:

The sixteenth…