Morris

Plaintiff, Edward S. Morris, and defendant, Phil Warner, entered into an agreement on July 28, 1922, whereby defendant leased industrial property in the city of Los Angeles to plaintiff for a term of five years, commencing on August 1, 1922, at an average monthly rental of $300. The premises, upon which was located a large frame building of rough construction, were to be used by the lessee for the purposes of manufacturing, storing and dealing in furniture. On December 25, 1923, the building was completely destroyed by fire. The lease contained the following provision, the alleged breach of which by the lessor is the basis of the cause of action set forth in plaintiff’s complaint:

In his complaint plaintiff alleged that the building was damaged by fire to the extent that it was entirely and wholly untenantable, but that a reasonable time for the restoration of the building was less than sixty working days, to wit, not in excess of fifty working days; that defendant refused plaintiff’s demand that he restore and repair the building, in accordance with the provision contained in the lease, and on December 31, 1923, said defendant served notice in writing on plaintiff that by reason…