Eddie
Eddie v. Schumacher Wall Board Co.
Opinion
Lead Opinion
Conrey, J.
In November, 1919, Prank A. Garbutt and W. W. Oreutt entered into possession of described premises, including a certain building and appurtenances thereon in the city of Los Angeles under a lease from the plaintiff of said property, for the purpose of conducting therein a plaster-mill for the manufacture of wall board. On August 30, 1920, defendant entered into possession of said building as sublessee of Garbutt and Orcutt and continued therein as such sublessee until the termination of the lease on November 16, 1920. At said time of entry by defendant the plaintiff executed a lease to the defendant of the same premises for the further period of one year commencing November 16, 1920. The defendant continued to occupy said building until November 16, 1921.
In said lease to defendant, defendant agreed that on the termination of the lease it would surrender the premises in as good order and condition as reasonable use and wear thereof should permit, damages by the elements excepted. In his complaint the plaintiff alleged certain abuses and resulting deteriorations of the property which were caused and permitted by the defendant, with resulting damage.