Wickson

This is an appeal hy plaintiff from a judgment in favor of defendant, and comes here on the judgment-roll and a bill of exceptions. It appears from the evidence offered by plaintiff that on the twenty-eighth day of December, 1895, plaintiff and defendant entered into a parol agreement, by the terms of which plaintiff agreed to let to defendant certain premises on Front street, in the city and county of San Francisco, for the term of one year from January 1, 1896, at the monthly rent of two hundred dollars per month, and ten per cent on all retail sales to be made by defendant. Defendant entered under the lease and paid the agreed rent for eight months of the term, when, without the consent of plaintiff, it vacated the premises and refused to pay further rent. At the close of plaintiff's testimony a nonsuit was granted on motion of defendant and judgment entered accordingly. The main question in the case is as to the validity of the parol agreement for a one year lease to commence in fui-uro. It is said by counsel that the question has never been decided in this state, and we are called upon to lay down the rule for the first time. The statute of 29 Charles II, chapter 3, which is…