Harvey

This cause was decided by the district court of appeal for the first district in favor of the appellants and the judgment and order appealed from were reversed. On petition of the respondents the judgment of the district court of appeal was vacated and the appeals were transferred to this court for further consideration. Upon a re-examination of the case we find no ground for differing from the conclusions reached by the district court. The opinion and the judgment of that court, written by Mr. Justice Cooper, are hereby adopted as the opinion and judgment of this court. They are as follows:—

“This action was brought by plaintiff Daroux and the other plaintiffs, as executors of the last will and testament of Joseph Harvey, deceased, to recover of defendants rent paid in advance by said Daroux and said Harvey, deceased, under a written lease, the leased premises having been destroyed by fire on April 18, 1906, as a result of the earthquake of that date. The case was tried before the court without a jury, and findings filed, upon which judgment was entered for plaintiff for the amount claimed in the complaint. This appeal is from the judgment and the order denying defendants’…