Burke

Burke v. Norton

Good Law
1919 Cal. App. LEXIS 822·42 Cal. App. 705·184 P. 45
Court of Appeal of CaliforniaAugust 15, 1919Civ. No. 2965.California2,376 words

Opinion

Lead Opinion

Thomas, J.

This is an action brought to recover rent, attorney’s fees, damages, and restoration of the premises held by the defendants, I. H. Norton, H. Joe Isaacs, and M. M. Norton, under a certain lease entered into by them with the plaintiff: on July 12, 1912, for a period of seven years and three months, commencing October 1, 1912, and ending December 31, 1919, at a total rental of $179,925, payable in certain installments. The defendants entered into possession of the premises, and either themselves, or by subtenant, remained in possession thereof until the filing of the suit.

Rent for the months of June, July, and August, 1915, amounting in all to $5,520, was not paid when due, or at all. On July 27, 1915, the plaintiff caused to be served on defendants a notice requiring that within twenty days they pay said rent or surrender the possession of the premises; and also caused to be served upon defendant another notice, in similar terms, except that it was required that within three days they pay said rent or surrender possession of the premises. The defendants did neither. Thereafter, and on August 20, 1915, this action was filed. Default of all the defendants, except the three above…

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