Pinque

Plaintiff sued for the recovery of damages sustained by reason of the taking of certain personal property under a writ of, execution on a judgment which was subsequently reversed on appeal. Plaintiff herein, who was the defendant and judgment debtor in the former action, was a tenant of the defendant herein. The former action lay in two counts, one alleging a cause of action in ejectment in the ordinary form and the other alleging that the plaintiff therein had elected to terminate the lease upon the ground that the lessee had forfeited her rights under the terms of the lease. Judgment in that action went for the plaintiff but was reversed on appeal to the supreme court. (J. B. Hill Co. v. Pinque, 179 Cal. 759 [3 A. L. R. 669, 178 Pac. 952 ].) The judgment in the superior court had, however, allowed the J. B. Hill Co. $509 by way of dam ages for injury to the building and the further sum of $300 as the value of the use and occupation of the premises. Execution was had upon that judgment pending the appeal, and the personal property, consisting of machinery, tools, and appliances used by the lessee for the purpose of conducting an automobile garage, was sold and the defendant…