Associated Vendors, Inc. v. Oakland Meat Co.

Appellant, Associated Vendors, Inc., brought this action against respondents'Oakland Meat Co., Inc., (hereinafter referred to as Meat Co.) Oakland Meat & Packing Co., (hereinafter referred to as Packing Co.), and several individuals, to collect unpaid rental on property leased by appellant to respondent Packing Co., and to recover the difference between the rental provided in the lease with Packing Co. and the rental now being paid by a new tenant. Appellant alleged that, upon Packing Co.’s default in payment of rent and vacation of the premises, appellant relet the premises to one Frank H. Black, on Packing Co.’s behalf, at a monthly rental which was less than the rental Packing Co. was obligated to pay under the terms of the lease. Appellant sought to impose liability upon the Meat Co. and the individuals on the theory that Packing Co., the lessee under the lease, was the alter ego of the other respondents. Appellant also sought attorney’s fees and an injunction against respondents restraining them from selling or otherwise transferring certain obligations incurred by Frank H. Black.

Following a trial on the merits, the court found in favor of appellant as against Packing Co.,…