Wade

Clark v. Wade

Good Law
1921 Cal. App. LEXIS 393·54 Cal. App. 162·201 P. 334
Court of Appeal of CaliforniaSeptember 7, 1921Civ. No. 3838.California1,077 words

Opinion

Lead Opinion

Richards, J.

This is an appeal from a judgment in the plaintiff’s favor in an action brought by him to recover the sum of $613.35, which he alleges to be due for services rendered by him to the defendant in connection with the preservation, protection, and improvement of certain personal property of the defendant situate in the basement of certain premises known as 924 Market Street, in the city and county of San Francisco. The defendant filed an answer, denying the existence of any such agreement or indebtedness, and also filed a cross-complaint alleging that the plaintiff was indebted to him in the sum of $1,750 as rent for the premises above referred to and which he avers the plaintiff entered into the possession of as the assignee of a certain lease carrying a monthly rental of $250, and remained in possession thereof as such assignee of the lessee from the twenty-third day of September, 1917, to the twenty-third day of July, 1918, during which time he failed to pay such stipulated rental.

Upon the trial and submission of the cause the trial court found that the defendant was indebted to the plaintiff in the sum of $393.55 for the performance of the above-mentioned services and for…

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