Rez

Appeal from the judgment.

The plaintiff Hannah Rez obtained from the defendant a written lease of certain real property, for a term of three and one-half years beginning on the twenty-fourth day of September, 1914. The lessee was to pay an annual rental of four thousand eight hundred dollars, payable in installments of four hundred dollars per month in advance. It was agreed that “if the lessee shall fail to pay the rent reserved herein promptly as the respective installments thereof become due and payable, . . . the lessor herein shall have the right to terminate this lease and to re-enter upon the demised premises and remove all persons and property therefrom, in which event said lease shall be canceled and the said lessor shall be entitled to retain all moneys paid by the lessee herein to her hereunder.” It was also agreed that “In case of a fire, or earthquake, and if it is made impossible to restore the building within sixty days to its former condition, then the security of eight hundred dollars is to be returned to the lessee by the lessor.” On the said twenty-fourth day of September, 1914, the lessor executed and delivered to the lessee a receipt for the sum of eight…