Handleman

Handleman v. Pickerill

Good Law
1927 Cal. App. LEXIS 259·84 Cal. App. 214·257 P. 890
Court of Appeal of CaliforniaJune 28, 1927Docket No. 4860.California2,115 words

Opinion

Lead Opinion

McLUCAS, J.

Plaintiff, as sublessee, brought suit against the defendants for injunction from obstructing a show-window and for damages. Judgment was rendered for defendants, and plaintiff brings this appeal.

On October 21, 1919, the defendants Pickerill and Scott entered into a written lease with California Chocolate Shops, letting the ground or street floor of a building to be erected by the lessors. The lease contained the following language: “excepting from said ground floor sufficient space at the west end thereof for an entrance to the upstairs of said building, and to the elevators to be constructed therein, said excepted space not to exceed in dimensions fifteen (15) feet frontage on West First street by fifty (50) feet in depth.” The term of the lease was for fifteen years, commencing on the first day of April, 1920. On the date of execution, the lease in duplicate was deposited in escrow under instructions executed by the parties thereto, providing for the delivery of said copies of the lease to the respective parties when the escrow agent should be notified in writing by said parties that the plans and specifications for the building to be erected upon said premises had been agreed…

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