Frasier

Frasier v. Witt

Good Law
1923 Cal. App. LEXIS 461·62 Cal. App. 309·217 P. 114
Court of Appeal of CaliforniaMay 28, 1923Civ. No. 4124.California2,435 words

Opinion

Lead Opinion

Finlayson, J.

is an action of unlawful detainer to recover possession of a lot of land, with the apartment house thereon known as the Seaward Apartments, situated in the city of Venice, together with damages for unlawful withholding. The case was tried before a jury, a verdict was returned awarding possession to plaintiff and assessing her damages at $345, and from the judgment entered thereon the defendant Maye Witt appeals.

Appellant, as plaintiff’s lessee, entered into possession of the premises under a written lease executed by herself and plaintiff on November 1, 1919, whereby the latter, as the lessor, leased the premises to appellant for the term of five years at a rental of $100 per month, payable monthly in advance on the first day of each and every month of the five-year term. The lease contained the following covenant on the part of appellant: “That she will not sublet, or transfer the use or possession of, said house, No. 15 Mildred Ave., Venice, California, furniture, goods and chattels, or any part of the same to any person or persons whatever; that she will carefully and economically occupy and use said house, furniture, goods and chattels, and forthwith repair all injury, and…

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