McQuaide

McQuaide v. Enterprise Brewing Co.

Good Law
14 Cal. App. 315·1910 Cal. App. LEXIS 105·111 P. 927
Court of Appeal of CaliforniaOctober 3, 1910Civ. No. 785.California1,485 words

Opinion

Lead Opinion

Cooper, J.

This action was brought to recover of defendant corporation the sum of $500 for rent of the premises described in the complaint for the month ending November 30, 1908. The case was tried before the court without a jury, and findings filed, in which judgment was ordered for the plaintiff in the amount claimed.

The first contention of appellant is that the defendant corporation never leased the premises from the plaintiff, and hence is not liable for rent of said premises. This was one of the issues made by the pleadings, and the court found in favor of the plaintiff, to the effect that the defendant did execute the lease and that it thereafter entered into posses'sion of the premises and has ever since remained in such possession ; and “that the signatures of the president and secretary of said corporation to said lease were not without authorization on the part of said corporation defendant, and are not ultra vires or null or void, but, on the contrary, each of said signatures was affixed to said lease with the authorization of said corporation defendant.”

We have carefully examined the evidence, and find that it supports the findings in this regard. The evidence shows without…

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