Kulawitz v. Pacific Woodenware & Paper Co.

*667SHENK, J.

This is an appeal by the defendant from a judgment in its favor on a cross-complaint in an action in which the plaintiff sought the rescission of a lease.

The defendant leased store premises in a building owned by it in Oakland, to the plaintiff for a term of four years from July 1,1938, at a minimum monthly rental of $350. The lease provided that the premises were to be used for the conduct of a general furniture business exclusively, and the lessee agreed not to allow any sale of property by auction on the premises except upon retiring from business. The defendant as lessor…