Harrison

Harrison v. Ziegler

Good Law
1921 Cal. App. LEXIS 595·51 Cal. App. 429·196 P. 914
Court of Appeal of CaliforniaFebruary 17, 1921Civ. No. 3682.California1,272 words

Opinion

Lead Opinion

Waste, J.

Plaintiffs, as lessees of a certain building used as a restaurant and cafe, seek to enjoin the defendant, the surviving lessor] from interfering with the beneficial use of the leased premises. A temporary restraining order issued against the defendant was dissolved upon the trial of the cause. Judgment was entered for the defendant, and the plaintiffs appeal, contending that the evidence amply supports the allegations of their complaint and entitles them to the relief sought.

The defendant, Mary Ziegler, is the surviving wife of John Ziegler, deceased, and is the owner of the Valencia Hotel in the city of Anaheim. This building has its main entrance on Center Street, in that city, and the easterly portion of the ground floor of the hotel was formerly equipped for the purpose of and was used as a saloon until January 1, 1919. On or about February 1, 1917, defendant' and her husband leased to plaintiffs for a term of five years, under a written lease, a building adjoining the hotel on the east side and next door to the saloon, which structure also has its main entrance on Center Street, and in which premises the plaintiffs are conducting a restaurant known as the Valencia Cafe. The…

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