Peninsula Rapid Transit Co. v. Santa Clara Valley Land Co.

This is an appeal by the defendant from a judgment against it in an action for rent due under a lease. The judgment followed the entry of defendant’s default. A general demurrer was interposed to the complaint and overruled. The defendant failed to answer and contends, upon appeal, that the demurrer was improperly overruled. The only point presented is as to the sufficiency of plaintiff’s pleading.

The points urged in support of the demurrer are that the complaint contains no allegations that the defendant leased the premises from plaintiff; that the defendant was ever in possession of the premises or ever promised or agreed to pay the rent reserved in the lease.

The complaint alleges: ‘ That on or about the 31st day of March, 1923, plaintiff ... as lessor and defendant . . . as lessee, entered into an indenture of lease wherein and whereby the plaintiff demised and let to defendant a certain store room known as No. 3 in the Union Stage Depot located on the west side of Market Street, between Santa Clara street and Post street, in the city of San Jose, County of Santa Clara, State of California, being the second most northerly store room on the ground floor in said Union Stage…