Salomon

This is an action in claim and ' delivery, whereby plaintiff seeks to recover possession of certain personal property alleged to be wrongfully withheld from her by defendants. Plaintiff further claims damages for and on account of said withholding. Judgment was for defendants in the court below and plaintiff has appealed.

' The defendant Sarah Salomon appears to be purely a nominal party, though she has appeared jointly with her co-defendant and the same answer was filed on behalf of both defendants. In so far as the activities of the defendants are involved, the sole actor throughout was the defendant Maurice Salomon and hereafter in referring to him he will be designated as defendant, without heed to the fact that there is a joinder.

Defendant was the owner of a certain apartment house in the city of San Francisco. On May 17, 1922, as such owner, he entered into a written lease agreement with one Alma Flynn, whereby he demised to her for the period of sixty months from May 20, 1922, the premises by him so owned. As is usual, the lease contained many provisions, a very important one regarding the payments of rent. After setting forth the amount of rental, the lease further…