Goodwin

Goodwin v. Grosse

Good Law
1922 Cal. App. LEXIS 511·56 Cal. App. 615·206 P. 138
Court of Appeal of CaliforniaFebruary 24, 1922Civ. No. 3464.California1,757 words

Opinion

Lead Opinion

Shaw, J.

Plaintiff had judgment in an action for unlawful detainer, from which defendant has appealed.

It appears that plaintiff by a written lease let and demised to defendant certain premises consisting of two storerooms, one of which is designated as 66 North Broadway, in Pasadena, for. a term of one year from October 31, 1919. This lease contained a provision as follows:

It further appearing without controversy that on May 1, 1920, during the term for which the premises were so let and demised to defendant, and while he was occupying the same under the terms and conditions of said lease, he, without obtaining any written consent of plaintiff so to do, executed a written lease to Brinley Brothers whereby he demised and let unto them, for a term ending October 31, 1920, a part of said premises, to wit, those designated as No. 66 North Broadway. That on June 14, 1920, plaintiff caused to be served upon defendant a written notice of the termination of tenancy, alleging as a ground therefor the breach of the covenant contained in said lease whereby it was agreed that no part of the premises should be sublet without her written consent; and thereafter, to wit, on June 28, 1920, caused to…

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