Schuman

Plaintiffs brought this action against defendant for specific performance of a remodeling contract embodied in a lease for ten years on a certain building at 3812 Brooklyn Avenue, Los Angeles, California, and for damages of $21,440. The alterations were to be completed within four months from the date of the execution of the lease, December 15, 1928. In accordance with the terms of the lease when executed, plaintiffs, who claimed to be partners, deposited $1500 with defendant, but only one of the partners, J. Schuman, signed the lease at that time. Misunderstanding occurred and defendant gave notice of rescission April 29, 1929, and offered to return the $1500, addressing the notice to the plaintiffs jointly. Plaintiffs refused to accept the rescission and cancellation of the proposed lease, demanded that it be performed and when defendant refused, filed this action.

Defendant answered and in his cross-complaint alleged damages of $900 incurred for architect fees and $1,000 attorney fees, stating that although he was an attorney this action for damages, etc., had made it necessary to secure additional counsel for his protection.

It appears that when the hearing reached a certain…