Narcisi

Narcisi v. Reed

Good Law
107 Cal. App. 2d 586·1951 Cal. App. LEXIS 1949·237 P.2d 558
Court of Appeal of CaliforniaNovember 19, 1951Civ. 14707California1,230 words

Opinion

Opinion

Goodell, J.

This appeal was taken from a judgment awarding respondents $1,684.48 damages, plus a $750 attorney fee, and costs.

On March 1, 1947, a three-year lease was made by respondents as lessors to appellant as lessee, of a meat market stall 8 feet by 48 feet in area, within a market known as the Golden Gate Food Center on San Pablo Avenue in Oakland. The rental was fixed in the lease at $205 for the first month; at $80 a month for the next five months; at $100 for the next six; at $110 for the next 12, and at $125 for the last 12 months.

Appellant paid the rent for the first four months but none thereafter. He also paid his proportion of the utility bills for the whole Food Center—one-third thereof as required by the lease—for March and April, but not thereafter.

The court found that the place was operated as a meat market from March 1 to May 8, but not from May 10 to June 10; that operations were resumed from June 11 to August 17, but that on August 18 appellant “left the demised premises without explanation and never returned to conduct a meat market business thereupon.”

On August 26, 1947, respondents served on appellant the following notice: “Please take notice that you have…

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