Luchsinger

This is an action for damages for false and fraudulent representations made to induce the execution of a lease. The appeal is from the judgment in favor of plaintiff, taken more than sixty days after its entry, and from an order denying defendants’ motion to vacate the judgment and to direct the entry of a judgment in favor of defendants.

On July 27, 1906, the defendants, George H. Luchsinger, Alvina L. Goodrich, Rose A. Buckingham and their sister Annie L. Summerhayes, since deceased, leased to the plaintiff certain premises on Golden Gate avenue in San Francisco, consisting of three flats, for the term of five years commencing August 1, 1906, at a monthly rental of $200, payable in advance on the first day of each month. At the date of the execution of the lease each of the flats was in the occupancy of a tenant of the lessors, and the lease provided that until the tenants should vacate the premises the lessors would allow the lessee a rebate of $2.75 per day from the beginning of the lease until the last occupant should vacate, provided, however, that such rebate should not extend beyond November 1, 1906, whether said occupants vacated the premises or not. The lease further…