Carroll

Carroll v. Latham

Good Law
1923 Cal. App. LEXIS 601·61 Cal. App. 720·215 P. 715
Court of Appeal of CaliforniaApril 20, 1923Civ. No. 4030.California1,215 words

Opinion

Lead Opinion

Works, J.

Plaintiff, as lessor, entered into an agreement of lease with certain of defendants whereby the latter acquired a leasehold term in certain lands. The lease granted to the lessees an option to extend the term for an added period of two years. The original term having expired, plaintiff evicted the lessees from the demised premises and commenced this action for damages because of the alleged breach of certain covenants of the lease. One of the defendants interposed a cross-complaint against plaintiff upon a certain alleged claim. Plaintiff had judgment upon the issues framed under both the complaint and the cross-complaint, and the defendants and the cross-complainant appeal.

[1] It is contended by appellants that the lessees had exercised their option to extend the term of the lease before they were evicted from the demised property and they insist that findings to a contrary effect which were made by the trial court were not supported by the evidence. There is no question under the evidence that the lessees, some months before the expiration of the original term, requested leave to assign the lease for both the remainder of the term and for a period beyond that term as to •which…

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