Phillips-Hollman, Inc. v. Peerless Stages, Inc.

This appeal is from a judgment of the Superior Court in and for the County of Alameda in the defendant’s favor, based upon the findings and conclusions of the trial court that the action was prematurely brought. The facts of the case are undisputed, and so far as they are necessary for this opinion may be briefly stated as follows :

On February 27, 1925, the plaintiff corporation by written instrument leased and demised unto James F. Malony, Louis Klein and George H. Gilson certain described premises situate in the city of San Jose, and being a portion of the ground floor of a certain building known as Auzerais Building, together with a certain portion of the space in the rear thereof partly occupied by another structure, and also certain approaches thereto leading to and from Market Street, for a term of ten years, at a total rental of $87,600, payable in equal monthly installments of $600 per month, each in advance, on the first day of each and every month during the first two years of said term, and the sum of $700 per month, payable in advance on the first day of each and every month during the next three years of said term, and the sum of $800 per month, payable in advance…