Wall Estate Co. v. Standard Box Co.

This action was in unlawful detainer, and for the recovery of the sum of five hundred dollars, alleged to be due for rent under a lease had by defendant.

The premises involved were business property used as a box factory, in which a large number of persons were employed. The property is situate in San Francisco, and the board of health of that city ordered the plaintiff and defendant to make certain changes in the building. This order directed the installation of toilets, the removal of wooden box hoppers, and their replacement by more modern contrivances, flushed closets, and other work necessary, in the opinion of said hoard, to put the premises in a sanitary condition.

Defendant gave notice to the plaintiff to make these improvements, which plaintiff declined to do; whereupon the defendant complied with the order of said board, expending in so doing the sum of three hundred and fifty-five dollars.

The defendant, answering the allegations of the complaint, consented to confess judgment for the sum of one hundred and forty-five dollars, which, with the three hundred and fifty-five dollars expended by defendant, constituted the amount of plaintiff’s demand.

Plaintiff recovered…