Hannah

Plaintiff appeals from a judgment denying him any relief and from an order denying his motion for a new trial in an action brought by him to obtain a decree that a contract of lease has been rescinded.

Defendant is the owner of an unimproved lot of land in San Francisco, with a frontage of ninety feet on the northerly line of Geary Street between Larkin and Hyde streets. On July 7, 1906, a contract of lease was executed by the parties, whereby defendant let to plaintiff and plaintiff hired from defendant said lot for a term of three years commencing August 7, 1906, for the sum of nine thousand dollars, payable in monthly installments of two hundred and fifty dollars, and the privilege was thereby given to plaintiff to extend the lease for a further term of two years at a monthly rental of three hundred dollars. It was recited therein that as the lessee contemplated erecting buildings on the premises he would hold the owner free of any claim of lien on account thereof, that all buildings or other improvements placed thereon by plaintiff should be plaintiff’s property at the termination of the lease, that he would pay all taxes thereon and that he should have ten days free of rent…