Georgeous
Georgeous v. Lewis
Opinion
Lead Opinion
Lennon, J.
In this action the plaintiff secured a judgment for damages against the defendants in the sum of two hundred and ten dollars for the alleged breach of an implied covenant of quiet possession, which it is claimed was contained in a sublease from defendants to plaintiff of a portion of certain premises occupied by the defendants in the conduct of a saloon business, under a lease from the owners of the building.
The defendants have appealed from the judgment alone, and the case comes here upon the judgment-roll and a duly authenticated transcript of the record of the proceedings and all of the evidence had upon the trial in the lower court, as provided in section 953a of the Code of Civil Procedure.
The essential facts of the case upon which the judgment is based are shown by the findings of the lower court and the record of the evidence adduced at the trial to be as follows:
The original lease of the entire premises from the owner of the building to the defendants was dated the twentieth day of July, 1909, and granted the use and occupation of the premises to the defendants “for a period of nine months from the 15th day of July, 1909, or for so much of that time as the buildings…