Chambers

Chambers v. Security Commercial & Savings Bank

Good Law
1920 Cal. App. LEXIS 661·46 Cal. App. 32·188 P. 818
Court of Appeal of CaliforniaFebruary 6, 1920Civ. No. 3247.California592 words

Opinion

Lead Opinion

James, J.

This action was brought to recover possession of certain real property, the prayer being for restitution of the premises and “for the sum of eighteen thousand dollars, treble the rent due,” with costs and disbursements, and “all other and proper relief.” In the complaint it was alleged that the defendant had failed to pay rental at the rate of five hundred dollars per month, as provided in a lease, on the first of each month for the year 1915, amounting in all to the sum of six thousand dollars. A jury was called to find the amount of rent due, and a verdict was returned fixing that amount at the sum of six thousand dollars, the verdict reciting that sum to be “the total amount of unpaid rent at the rate of five hundred dollars per month for twelve months in the year 1915.” Before the entry of judgment, the plaintiff moved for a judgment on the verdict, and asked that the judgment include interest upon the installments of rental from the several dates of default in the payment thereof. The trial court refused to allow interest and entered its judgment only for the sum of six thousand dollars and the costs which plaintiff had incurred, amounting to $180 additional. There was no…

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