Tatum

■—Appellants were tenants of respondent, occupying the first floor and basement of the building numbers 25 to 31 Main Street, San Francisco, under a written lease, paying a monthly rent of $450 per month, monthly in advance. The rent fell due on the 5th of each month. On the 5th of August, 1884, the rent for the next succeeding month was demanded and paid in advance, in due and regular course of business. The lease contained the following clause: “It is mutually agreed that if, by reason of fire, the premises herein leased shall become untenantable, no rent shall be charged or paid until they are made tenantable by the party of the first part [the lessor.] ” On the 5th of August, and after the rent falling due on that day had been paid, a fire consumed the roof of the building, and the two stories above the premises leased to the plaintiffs. It did not reach plaintiff’s premises, except to burn out in several places the flooring of the premises immediately over them, thus rendering them subject to the falling in upon them of debris and cinders from the floor above. They were, however, liable to become further untenantable by reason of rains likely to occur, and the first of which…