Hagar

Hagar v. Home Stores Inc.

Good Law
85 Cal. App. 533·259 P. 1007
Court of Appeal of CaliforniaSeptember 22, 1927Docket No. 5725.California599 words

Opinion

Lead Opinion

Tyler, J.

Action to recover certain rentals under a written lease entered into by appellant corporation as lessee and one J. A. Turgeon as lessor on May 1, 1925. The lease was for a term of three years from the date thereof and provided for a monthly rental of one hundred dollars. At the time it was entered into the property therein described was owned by said lessor, but was subsequently transferred and conveyed by him to respondents herein. Appellant occupied the premises from the date of the execution of the lease until about December 1, 1925, when it vacated them and refused to pay any further rentals. At the time the action was commenced five months’ rental had accrued and was unpaid, and before the action was brought to trial an additional two months’ rental had accrued. A supplemental complaint was filed to recover for the additional term, making the total claim seven hundred dollars at the date of the trial. Plaintiff recovered judgment for this amount, from which judgment this appeal has been taken. The points urged for reversal are (1) that the evidence is insufficient to support the judgment and (2) that the court erred in refusing to allow defendant to amend its answer so as to…

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