Third & Broadway Building Co. v. Southern California Edison Co.

This action was brought to recover additional rent under a lease executed to defendant by the Stability Building Company and assigned by it to plaintiff Third and Broadway Building Company. Judgment was rendered for plaintiffs and from this judgment defendant appeals.

The complaint alleges that on the twelfth day of September, 1916, C. D. Stimson and Fred S. Stimson Company leased to the Stability Building Company the lot therein described for a period of 99 years, providing for the construction upon said lot of an eleven-story office, store and theater building by the said Stability Building Company at its own cost. A part of the cost of the construction and equipment the Southern California Edison Company subsequently agreed to pay. It further alleges that on January 20, 1918, the Stability Building Company executed a sublease to the Edison company for said building (excepting therefrom rooms 1, 3, 10 and 40 and a part of the basement), for the term of fifteen years, commencing May 1, 1918. The lease provided, among other things, that the lessor should pay all taxes and assessments levied or assessed against the leased premises, provided that the lessee should repay, as…