Stanton v. Santa Ana Sugar Co.

This is an appeal by plaintiff from a judgment of nonsuit. Plaintiff was the owner of certain land which he leased to one Shiroishi for three years beginning on November 1, 1920, for which Shiroishi agreed to pay plaintiff $4,710. Payments were to be in installments, of which $50 was to be paid on the signing of the lease; $700 on January 5, 1921, and $250 on May 15, 1921, and $500 on October 15, 1921. The other payments are not material in this case. On January 8, 1921, Shiroishi, with the consent of plaintiff, assigned said lease to one Sakurai, who agreed to pay all the rentals as specified in said lease. Sakurai on the eighth day of January, 1921, entered into a contract with defendant, wherein defendant agreed with Sakurai to pay $1,500 of said rentals to plaintiff, and thereupon defendant paid to plaintiff $750 and agreed to pay $250 to plaintiff on May 15th, and $500 thereon on October 15, 1921. Defendant thereafter paid $200 of said sum to plaintiff and was given credit for the $50 paid on the execution of the original contract of lease. Plaintiff prosecutes this action to recover judgment for $500, the remainder of the said $1,500 defendant promised Sakurai he would pay…