Dickson

Plaintiffs in the eourt below, appellants here, are the tenants of the second floor of a store and office building in Santa Rosa, Cal., where they maintain dental offices, and appellee, defendant below, who operates a grocery business, is the tenant of the first floor, of the same building. The appellee for several years has occupied the entire ground floor of the two-story building in question; at one side of the front of the store is an entrance to the second floor; from the commencement of its tenancy, appellee maintained across the entire front of the building and extending across this entrance a canvas awning which can be raised and lowered as desired; a sign 2% feet wide extending across the entire front of the building was maintained by appellee above the awning. The landlord gave the tenants of the lower floor permission to maintain the awning and the sign, which does not extend to the second floor. Thus the appellee was entitled by the terms of its lease of the first floor to maintain the sign and awning complained of by appellants. The condition complained of existed when appellants leased the second floor and they saw the sign and awning and in taking their lease…