Bradbury

Upon an appeal from a judgment in favor of plaintiff, the district court of appeal for the second appellate district reversed the judgment. An opinion prepared by James, J., was filed, Shaw, J., concurring, and Allen, P. J., merely concurring in the judgment of reversal. Two main propositions were considered in the opinion, the conclusion of Mr. Justice James being favorable to the appellant on one of these, and in support of the respondent’s contentions on the other. Both parties were dissatisfied, and each filed a petition to have the cause transferred to and heard in this court. An order of transfer was made.

The opinion of Mr. Justice J ames reads as follows: —

We are content to adopt the foregoing opinion as a state ment of our own views of the case. It may be well, however, to briefly add to it a notice of some contentions which have been more elaborately advanced since the transfer of the cause to this court.

A reading of the complaint indicates that it was framed on the theory that the repudiation of the lease by the lessee operated at once to mature all the rent reserved in the lease and to enable the lessor to recover, not only the installments already accrued, but…