Goldsmith
Goldsmith v. Tub-O-Wash
Opinion
Opinion
Kaufman, J.
On March 17, 1958, the parties executed a written lease whereby the plaintiff, Clair Goldsmith, leased to the defendant, Tub-O-Wash, a California corporation, the entire ground floor of a building at 4300 Grove Street, in Oakland, and the adjacent parking lot. The lease was for a term of five years, commencing April 1, 1958, at a total rental of $6,000. As there was a rental residence apartment located above the rear portion of the leased premises, the plaintiff reserved to her own use the “exterior wall and roof of the demised premises. ’ ’
On November 9, 1959, plaintiff filed her first amended complaint in this action against defendants, for money due under the written lease, for damages for breach of contract and for declaratory relief. Defendants answered denying liability under the lease and breach thereof, and cross-complained for damages resulting from the plaintiff’s breach. The trial court denied defendants’ motion for a judgment on the pleadings, and after a trial without a jury, entered judgment for the plaintiff. Defendants appeal from the judgment, contending that the facts as found by the court do not support the judgment and that the court erred in denying their…