Breyfogle
Breyfogle v. Tighe
Opinion
Lead Opinion
Finch, J.
The complaint alleges that the defendants “unlawfully and with force broke into and entered upon the plaintiff’s land and premises (lot 2 in block 40 of the city of Madera) . . . and took down and removed therefrom a certain combined fence and signboard then and there standing on, being attached to, and a part of said real property from said land, and converted said fence and signboard to their own use, to the damage of said plaintiff in the sum of $250, the value of said combined fence and signboard removed as aforesaid, and to the further damage to said real property in the amount of $75.”
The answer in effect admits the entry and removal of the property but denies that such entry and removal were unlawful. Defendant Tighe alleges “that Tighe-Breyfogle Company is now and at all times in the amended complaint mentioned it has been a corporation . . . carrying on and conducting a general mercantile business . . . and down to about the 1st day of March, 1919, plaintiff and defendant W. C. Tighe were stockholders, officers and directors of said corporation and during all of said times down to about the 26th day of March, 1919, said plaintiff and said defendant Tighe were the joint…