Braun

Braun v. Leo G. MacLaughlin Co.

Good Law
1928 Cal. App. LEXIS 723·93 Cal. App. 116·269 P. 191
Court of Appeal of CaliforniaJuly 9, 1928Docket No. 6323.California2,165 words

Opinion

Lead Opinion

Preston, J.

This is an action for declaratory relief under section 1060 of the Code of Civil Procedure. The case was tried by the court sitting without a jury and judgment was entered in favor of the defendant, from which judgment the plaintiff prosecutes this appeal.

The facts are, briefly, these: The plaintiff and-appellant is the owner of the Chamber of Commerce building, situate in the city of Pasadena. Said building was formerly owned by the Chamber of Commerce Building Company. On May 21, 1920, the Chamber of Commerce Building Company executed a lease to the defendant and respondent, Leo G. MacLaughlin Company, a corporation, covering a portion of this building, to be used for store purposes. Respondent went into possession under this lease. The lease was for a term of eight years, commencing on October 1, 1919, and ending September 30, 1927. On June 19, 1923, the said Chamber of Commerce Building Company, for a valuable consideration, endorsed on the back of the original lease the following option:

“In accordance with action taken at the regular meeting of the board of directors of the Chamber of Commerce Building Co. held June 19, 1923, an option is hereby granted the party of the…

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