Kurihara
Kurihara v. City Market of Los Angeles
Opinion
Lead Opinion
Parker, J.
This is an appeal by plaintiffs from a judgment decreeing that plaintiffs are not entitled to a permanent injunction enjoining or restraining defendant from interfering with, removing, altering, taking away, or demolishing certain leased premises described in the complaint, or the building in which said leased premises are located.
While other issues were joined in the pleadings, at the trial the issue submitted centered about the construction of a certain lease between the parties. The sole question for determination is as to the power of the lessor under the provisions of the lease. The court below held that under the construed provisions the lessor did have the right and power to terminate the lease.
Preliminary to a discussion of the facts it may be noted again that all other questions have been laid aside, and both parties here are in accord on the proposition that a determination of the lessor’s power to terminate the lease disposes, of the appeal.
On August 1, 1924, the defendant corporation was the owner of a public market known as The City Market of Los Angeles, which at that time extended from Ninth Street on the north to Eleventh Street on the south, a distance of…