Gordon
Gordon v. Cohn
Opinion
Lead Opinion
Seawell, J.
This appeal involves the ownership of property not exceeding in value the sum of $150.
•Sam Gordon was the owner of a lot in the city of Napa upon which a one-story trade building was erected. Jack Fortney was a month-to-month tenant. During his occupancy for a period of something like a year, he covered the front area of the store with linoleum, amounting to fifty-two square yards, which was cemented to the pine floor and he furnished the material for the awning which was attached to an iron frame set in the front of the building. Said iron frame was furnished by the owner of the building. It was fastened to the walls of the building by means of bolts and screws, and it was made to fit the particular space which it occupied. Fortney became insolvent in 1930 and assigned all his property to the secretary of the San Francisco Board of Trade for the benefit of his creditors. On August 5, 1930, said Board of Trade sold all of his said property, including the linoleum and awning to Lewis W. Cohn. Fortney’s lease expired on August 6th. Cohn entered into possession on that day under a two weeks’ lease which expired on August 20th. The day before the lease expired Gordon filed an…