Gates

Gates v. Kehlet

Good Law
1919 Cal. App. LEXIS 852·43 Cal. App. 738·185 P. 983
Court of Appeal of CaliforniaOctober 23, 1919Civ. No. 3080.California1,349 words

Opinion

Lead Opinion

Richards, J.

This is an appeal by the defendant Armstrong from a judgment in favor of plaintiff in an action brought to recover a sum of money alleged to be due under the terms of a certain lease and of an alleged agreement on the part of said Armstrong guaranteeing the performance of the terms and conditions of said lease.

This appeal is based upon the judgment-roll alone, and the only two questions presented by the appellant are, first, as to whether the findings of fact are sufficient to support the judgment, and, second, as to whether the plaintiff’s amended complaint contains facts sufficient to constitute a cause of action.

The following is a summarized statement of the findings of the trial court, which we must assume upon the record before us are fully sustained by the evidence in the ease: On the twenty-fourth day of September, 1912, the plaintiff and respondent herein as lessor, and the defendant and appellant Armstrong herein as lessee, made and entered into a written lease of certain premises in the city of Los Angeles at a rental of $125 monthly during the first year of the term of said lease, and of $150 per month during the remaining four years of said term, which said term of…

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