Chase

Chase v. Oehlke

Caution
1919 Cal. App. LEXIS 743·43 Cal. App. 435·185 P. 425
Court of Appeal of CaliforniaOctober 3, 1919Civ. No. 2368.California1,018 words

Opinion

Lead Opinion

Shaw, J.

This action to recover rent under the terms of a written lease and covenants of the assignments thereof arose out of the following facts: On February 1, 1913, plaintiff executed to one William Oehlke a lease to certain premises for the terms of two years at a specified rental. Oehlke assigned the lease to J. F. Petell, by whom it was assigned to F. D. Griffith, who in turn assigned the same to defendant Ella Swickard, and in each ease the assignee agreed in writing to carry out and fulfill the terms of the lease in the place

and stead of Ms assignor, all of which facts were set forth in the complaint, which also alleged that the rent reserved in said lease was fully paid up to and including the month of March, 1914, at which time defendant Swickard, as the last assignee of the lease, was in possession of the premises, and “that about the latter part of the month of March, A. D. 1914, the defendant Swickard abandoned and left said demised premises and removed therefrom and repudiated said lease and refused then and always thereafter to be bound by the same, and refused to be bound by any of the terms thereof, all of which was without the consent and against the wishes of the…

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