Morse
Morse v. Tochterman
Opinion
Lead Opinion
Hart, J.
This is an action to recover the sum of three hundred and fifty dollars which is alleged to be due from the defendants to the plaintiffs for rent under the terms of a lease, whereby the latter demised to the former certain premises situated in Alturas, Modoc County, for the term of two years, at the monthly rental of fifty dollars, payable in advance on the first day of each month during the continuance of the term.
The complaint, states that the lease was executed on the twenty-ninth day of April, 1910 -, that, on or about the first day of June, 1910, the defendants entered into the possession of said premises under said lease, and that they failed and refused to pay the stipulated rent for the months of October, November, and December, 1910, and for the months of January, February, March, and April, 1911.
The lease is set out in full as a part of the complaint, and it appears therefrom that the premises therein mentioned and described consisted of a storeroom on the ground floor of a hotel which was, at the time of the execution of the lease, in process of construction but still uncompleted. The defendants leased the room for the purpose of conducting therein the business of…