Morgan

Plaintiff and appellant, A twill Morgan, as executor of the estate of Helen Seiter, deceased, on December 3, 1958, brought this action for claimed rent due in *817 the sum of $4,415 on the lease of her theater building in Selma to defendant and respondent Panero Theatre Company, Inc., a corporation, and for declaratory relief. To the complaint is attached the lease, notice of termination and other documents to be construed.

In answer thereto, on June 10, 1958, defendant denied generally these claims and alleged a termination of the tenancy as of June 10, 1957, by notice that prior to that date the building had been seriously damaged by earthquake, was hazardous and in danger of collapsing, and therein seeks a declaration of the rights of the parties. On October 10, 1958, defendant, by permission of court, amended its answer to allege that plaintiff had failed, for a reasonable time after written notice, to make certain necessary repairs to the building as required under paragraph 6 of the lease. A right to arbitration, contained in the lease, was specifically waived.

On March 1, 1938, Helen Seiter leased the theater and one store to one Samuel C. Levin for a period of 19 years…