Schudel

Schudel v. Helbing

Good Law
1915 Cal. App. LEXIS 237·26 Cal. App. 410·147 P. 89
Court of Appeal of CaliforniaJanuary 25, 1915Civ. No. 1453.California986 words

Opinion

Lead Opinion

This is an action brought to recover damages for the malicious prosecution of certain civil suits against the plaintiff maintained or instigated by the defendant herein. The facts out of which said suits arose were these: In the year 1906 the plaintiff herein rented from the defendant herein certain premises through Louis Helbing, the defendant’s father and agent, the agreement being that a written lease of the premises at a rental of thirty dollars per month for a three-year term was to be drawn up and executed. After the plaintiff herein had gone into possession of said premises and had incurred considerable expense in fitting them up, the defendant herein undertook to repudiate the acts of her father and agent, and raised the- rent to sixty dollars a month, and this not being paid she caused to be instituted four successive attachment suits against plaintiff herein to recover said increased rental, and was engaged in prosecuting these to the great damage, annoyance, and injury of the plaintiff herein, whereupon the latter began a suit in equity to enjoin the further prosecution of said actions, and to compel a specific performance of the agreement for a lease of said premises.…

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