Fleuti

A ppeal by plaintiff from a judgment in favor of defendant in an action wherein plaintiff sought damages resulting to him by reason of defendant’s failure to place said plaintiff in possession of certain premises.

There is little dispute regarding the facts of the case, and an outline thereof follows:

At the trial of this action it was stipulated between the parties in open court that the reasonable rental value of the premises covered by the lease was fifty dollars per month in excess of the rental provided for in the lease, and that if defendant were liable the judgment should be for the sum of three thousand dollars. It may be noted in passing that this sum stipulated as damages represents the entire damage to plaintiff, and does not include any elements save difference between amount of rent and actual value of the premises. There is no showing or claim of damages accruing by reason of loss of business, -expense of moving or damage to merchandise.

The lease to plaintiff Fleuti was in the.general form and no point is made as to its sufficiency. This lease, however, contained a paragraph around which centers the present controversy, and that paragraph is as follows:

Perhaps…