Wilson

This is an action to rescind a written lease by plaintiff to defendant of a lot and house thereon in the city of Los Angeles, on the ground of alleged fraud on the part of the defendant in procuring the lease; or if a rescission thereof cannot be had, that the lease be reformed, on the ground of alleged mistakes of the plaintiff, which the defendant knew at the time the lease was executed.

The court denied a rescission of the lease, but reformed it. From the judgment reforming the lease, and from an order denying his motion for a new trial, the defendant brings this appeal.

The lease as executed was for the term of ten years, at a rental of $150 per month, with the privilege of a renewal for another term of ten years at the same rent. As reformed, the lease is for the term of only five years, and without the privilege of renewal for any term.

The ultimate facts upon which the revision of the lease was based are expressed in the sixth finding of the court, as follows: —

These facts, if justified by the evidence, undoubtedly support the judgment. Section 3399 of the Civil Code provides that “when, through .... a mistake of one party, which the other, at the time, knew or…