Reidy

Miller v. Reidy

Good Law
1927 Cal. App. LEXIS 453·85 Cal. App. 757·260 P. 358
Court of Appeal of CaliforniaOctober 4, 1927Docket No. 5580.California1,656 words

Opinion

Lead Opinion

Craig, J.

At all the times herein mentioned Dr. J. T. Miller and his wife, Huida S. Miller, have been the owners of real property situated at 1140 to 1142 South Figueroa Street, Los Angeles, and the business building thereon. They leased the premises to one Rutledge, doing business under the name of Rutledge Motor Company. By the provisions of the lease the latter’s tenancy began on the first day of February, 1920, and continued for a term of five years. It was stipulated in the lease:

Rutledge made the deposit of $2,000 required by the lease. Later, with the written consent of the lessors, he assigned his interest in that conveyance to one Buxton, who, on February 10, 1922, also with written consent of the lessors assigned the same to P. M. Reidy. In October, 1922, Reidy, without the consent, written or otherwise, of the lessors, assigned his interest to the Los Angeles Haynes Company. Immediately thereafter the lessors notified Reidy that he had violated the terms of the lease by subletting without their written consent. The notice also demanded that Reidy cause the Los Angeles Haynes Company to remove from the premises or return possession to the lessors. Reidy did neither. However, he…

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