Verdier

—When this cause was pending in Department One, the following opinion was prepared by Commissioner Vanclief. After full consideration in Bank, we are satisfied with that opinion and with the conclusion therein reached; and for the reasons therein given, the judgment is affirmed.

— On the twelfth day of November, 1881, Thomas H. Blythe leased to the plaintiffs the first story, or ground-floor, of a building in San Francisco, to ■ be occupied as a store for the term of nine years and *468 ten months. The lease contained a covenant on the part of the lessor to indemnify the lessees, and save them harmless during the term, from one half of all damages and loss which they might sustain by the leaking or overflow of water upon their goods in the building, caused by any occupant of any part of the building other than that demised to them. In September, 1882, plaintiffs entered into possession of the demised part of the building under the lease, and stored their goods therein. On April 4, 1883, Blythe died. On June 12, 1883, Roach was appointed administrator of Blythe’s estate, and, as such, on June 23, 1883, commenced the publication of notice to the creditors to present and exhibit…