Werner

This case is before the court on motion of the United States to dismiss plaintiff’s “action for reformation of lease and reasonable rental for use and occupation of land” in Riverside County, California.

The material facts as alleged in the complaint are these. Prior to February 1, 1943, the land involved “was placed and held in trust by Mark L. Herron and * * * wife, as trustees, with directions and upon the understanding that said property would be returned” to plaintiff upon demand.

On February 1, 1943, the trustees, as lessor, and the United States, as lessee, entered into a lease of the land for one year at a rental of $25, with option granted to *246 the lessee to renew from year to year "provided that no renewal thereof will extend the period of occupancy * * * beyond six (6) months from the date of the termination of the unlimited emergency, as declared by the President of the United States on May 27th, 1941 (Proclamation 2487 [50 U.S.C.A.Appendix, note preceding section 1] ).” See 3 Code Fed.Regs. 234 (Cum.Supp.1943).

Plaintiff further alleges that the words of the provision just quoted were intended “in their ordinary and popular sense to mean” and were, “on the date…