Simpson
Simpson v. New York Hardware Trading Co.
Opinion
lead Opinion
Tuttle, J.
This action was brought by respondent for the purpose of obtaining a perpetual injunction against appellant, enjoining it from removing an ornamental iron marquee over the entrance of certain premises in the city of Los Angeles, and from erecting or placing a sign over the entrance to said premises. A decree was entered granting said injunction, and appellant now appeals from the judgment and from the order denying a new trial.
The facts of the case may be briefly summarized as follows:
On November 12, 1925, respondent and appellant entered into and executed a lease containing the following provisions, to wit:
At the time said lease was executed, respondent was the owner of a two-story building and lot on South Hill Street, Los Angeles. The ground floor of said building is divided by a solid wall (running east and west) into two rooms or stores. The northerly half of said premises is known as 625 South Hill Street, and this is the portion with which we are here concerned. The entire second floor is occupied by a restaurant and is commonly known as 623-^ South Hill Street, and is referred to in the said lease as 625-627 South Hill Street. Access is obtained to the same by means…