Feder

From a judgment for plaintiffs in an action of unlawful detainer defendant prosecutes this appeal.

By the terms of the lease which forms the basis of the action, the plaintiffs, as lessors, demised to the defendant, as lessee, certain floor space in plaintiffs’ storeroom in Long Beach, which was to be occupied by the defendant in the maintenance of one of its branch stores for the sale of fish, poultry, and meat products. The lease, dated January 30, 1923, was for a period of five years and provided for the payment of rental on a basis of seventy-five per cent of the net profits made by the defendant in this Long Beach store. The lease further provided that in arriving at the profit for the basis of determining the amount of rent, all produce and merchandise put in stock in the Long Beach store was to be inventoried at the actual cost prices to the defendant. The defendant maintained a main store or warehouse in Los Angeles where produce and merchandise were purchased in large quantities and then distributed in smaller lots to the various branches. The lease provided that with shipments to the Long Beach store invoice bills were to be issued showing the cost prices of all…