Callahan

This is an appeal from a final judgment in favor of defendant, rendered upon plaintiff’s refusal to amend his complaint after an order sustaining defendant’s demurrer thereto.

The only question involved relates to the sufficiency of the complaint.

According to its averments, plaintiff, John Callahan, and his wife were tenants of the defendant, they having leased from him five rooms in the second story of a tenement, at No. 115 Twentieth street, San Francisco. The rooms were connected with the backyard by a wooden stairway of thirty steps.

Defendant, at the time of entering into the lease, agreed with plaintiff and his wife to make all necessary repairs, and at various times during the tenancy did make repairs of various kinds. During the tenancy the stairs aforesaid became insecure, by reason of weak supports and a broken step, whereupon plaintiff and his wife- notified defendant, who failed to make repairs, in *479 consequence of which plaintiff and wife notified defendant that they would vacate the premises or apply one month’s rent to repair the same unless the stairway was repaired in a proper manner.

On the 10th of September, 1890, defendant, to prevent his tenants from…