Parsons

Appeal from judgment and order denying plaintiff’s motion for a new trial.

On the twenty-first day of November, 1887, plaintiff was the owner of four certain lots in North Pomona, Los Angeles County, and on that day executed and delivered to the defendant a deed of conveyance of the same for the consideration, therein expressed, of §1,073.60 then paid by defendant. The granting part of the deed was in the usual form, following which was this clause: “ This deed is given and accepted on the following conditions, which are to be binding on the party of the second part, his heirs and assigns forever, to wit: The party of the second part shall put and maintain thereon a good lumber-yard for a period of not less than five years, said yard to be opened for business within 120 days from this date. It is further stipulated that no intoxicating drinks shall ever be made or sold or given away on the above premises, and the party of the second part binds himself, his heirs and assigns, to the ' above covenants, and in case the above-described premises are transferred to other party or parties, they are to be bound by the above-named conditions, and a failure to comply with same will render…