Gluckstein

In this action plaintiff prayed judgment against defendants Morris Eappaport and Amelia Eappaport for money had and received in the sum of $12,500. By their answer defendants made specific denial of the allegations of the complaint and filed a cross-complaint for attorney’s fees wherein it was sought to enforce the provisions of a certain lease alleged to be a part of the transaction and contract upon which the action was brought. Plaintiff filed appropriate answer thereto. Thereafter the action was dismissed as to the defendant Amelia Eappaport, and the jury before which the action was tried returned a verdict in favor of defendant Morris Eappaport, whereupon judgment on the verdict was entered. Subsequently upon due notice a motion for a new trial was granted by the court on the ground of insufficiency of the evidence to sustain the verdict, and from this order granting a new trial defendant Morris Eappaport has appealed.

The facts show that on February 6, 1924, appellant, being the owner of certain lots situated at Seventh Street and Ceres Avenue in the city of Los Angeles, intended to improve such lots by erecting thereon a hotel building, and entered into a lease agreement…