Howell

This is an action commenced April 4, 1910, to obtain judgment for three hundred and sixty dollars rent alleged to be due under the terms of a lease for the months of January, February, March, and April, 1910. The case was submitted to the trial court for decision upon an agreed statement of facts. Plaintiff had judgment as prayed and this is an appeal by defendant from such judgment.

The material facts are as follows: On May 17, 1906, plaintiff was the owner of a lot of land forty by sixty feet fronting on Oregon Street near Davis Street in San Francisco. This lot was within the territory in which the erection of wooden buildings or structures was then prohibited by ordinance enacted prior to April 18, 1906,—in other words, within what is generally styled “the fire limits,” and has ever since been within said fire limits. On May 17, 1906, the parties to this action entered into a written agreement of lease, by which plaintiff let to defendant that certain one story frame and corrugated iron building “to be constructed” on said lot, “and to be erected as soon as possible,” for the term of two years from June 1, 1906, to June 1, 1908, for eighty dollars per month, payable monthly…