Commonwealth Memorial, Inc. v. Telophase Society of America

Plaintiff in this unlawful detainer action appeals from an order granting defendant’s motion for “nonsuit.”

Facts

Memorial Properties, Inc., a corporation, owned property in Anaheim operated as a cemetery and known as The Melrose Abbey. On or about February 15, 1974, upon specified rent payable over the term, Memorial leased a part of the cemetery property to The Telophase Society of America, Inc., a California corporation, (hereinafter “defendant”) for a term of 30 years to be used as a crematory.

Thereafter Memorial sold the cemetery property, including that portion leased to defendant, to Commonwealth Memorial, Inc., a California corporation, (hereinafter “plaintiff’). Memorial reserved to itself, however, the lessor’s rights under the lease between Memorial and defendant. The agreement between Memorial and plaintiff provided for the sale to plaintiff of “All properties, tangible or intangible, real, personal, or mixed, leaseholds, licenses, easements, profits, permits, franchises, rights-of-way, servitudes, reversions, remainders, and all other similar or dissimilar interests or estates; except that certain Lease dated February 15, 1974 showing Telophase Society of…