Kurihara

Kurihara v. City Market of Los Angeles

Good Law
1928 Cal. App. LEXIS 41·90 Cal. App. 374·265 P. 987
Court of Appeal of CaliforniaMarch 26, 1928Docket No. 6274.California2,598 words

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…

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