Samuels

This is an appeal from a judgment of the district court in an action for declaratory relief arising out of the construction of a provision in a lease between appellant and appellee.

On September 15, 1943 appellant Samuels, a resident of California, leased certain premises in the City of San Francisco to appellee United Seamen’s Service, Inc., a New York corporation. Appellee is a non-profit organization which was formed at the request of the U. S. Maritime Commission and the War Shipping Administration for the purpose of providing lodging and recreation places for merchant seamen. The written lease provided that its term should “extend for a period of six (6) months from and after the cessation of hostilities in the present war with Japan.” There was no discussion by the parties when entering into this lease contract concerning the meaning of this quoted language, or its effect upon the termination date of the lease. The parties stipulated that August 14, 1945 was "V-J Day,” at which time the orders were given to cease fire, and that on September 1, 1945 on board the U.S.S. Missouri the formal document of surrender was executed between the then empire of Japan and the United…