Apfield

1. Appellant is the owner in fee of lot L, block 784, New San Diego. He leased the same for the term of five years to the defendant Apfield, who took one Newkirk into partnership with him, and they proceeded to erect a four-story building upon the lot, upon which divers liens were filed for labor and materials, upon which suits were brought, four of which suits were consolidated and tried together, resulting in judgments in favor of the claimants, from which judgments the defendant Low appeals, also from an order denying his motion for new trial. The lease contains the following provision: “No buildings or improvements shall be removed until the taxes shall be fully paid, and until all rents and indebtedness have been paid. And at the expiration of said term the said party of the second part will quit and surrender the said premises in as good state and condition as reasonable use and wear thereof will permit (damage by the elements alone excepted).” The demised premises are described as being “ all that real property,” etc., “ with the appurtenances,” etc.

There is no clause in the lease either reserving or granting to the lessee the right to remove any buildings *338 or…