People v. California Safe Deposit & Trust Co.

In this action, originally instituted for the purpose of having the defendant California Safe Deposit & Trust Company declared an insolvent corporation and for the administration of its assets, the appellant herein intervened, setting up certain facts upon which he claimed to be entitled to recover judgment for the sum of two thousand dollars and interest, and to have certain other and further relief.

The facts out of which his claim arose are substantially undisputed and are as follows: During the month of July, 1906, the appellant was a lessee for a term of years of one Leonide G. Auzerais of certain premises déscribed in his petition. The California Safe Deposit & Trust Company desired to secure a lease of said premises for its own uses. Accordingly Mrs. Auzerais, the appellant, and the representatives of said corporation came together in an understanding whereby the appellant’s lease was canceled and a new lease was made by Mrs. Auzerais'to the corporation for a term of five years with certain privileges of renewal. As the consideration for the cancellation of the appellant’s lease the said corporation entered into an agreement with him, whereby it agreed to pay him two…