Foote

This is an appeal from the order of the District Court dismissing the petition of the appellant for instructions to the receiver to purchase certain fixtures, and for an order to show cause thereon on the ground that the facts stated were insufficient to justify the order prayed for.

The question involved is the construction of a lease made by Marti’s Incorporated, Limited, lessor, and The Fashion Plate, Inc., lessee. Hereinafter Marti’s Incorporated, Limited, will be referred to as “the store,” and The Fashion Plate, Inc., will be referred, to as “the department.”

It appeal's from the petition that the lease was executed September 22, .1931, for a period of three years from and after October 15, 1931, when the appellant took possession. It also appears from the petition that Marti’s Incorporated, Limited, was operating a department store at 411 Pine avenue, Long Beach, Cal.; it leased to the appellant the portion of its premises which apparently was occupied and used as a retail ladies’ shoe store. By the terms of the lease the carpets, shelves, chairs, seats, and other furniture and fixtures already in the store as part of its shoe department were to be furnished to the…