Blumenthal

Blumenthal v. Neider

Good Law
183 Cal. App. 2d 419·1960 Cal. App. LEXIS 1769·6 Cal. Rptr. 317
Court of Appeal of CaliforniaAugust 1, 1960Civ. No. 19132California1,166 words

Opinion

Lead Opinion

Stone, J.

This is an appeal from a judgment for rent due under the terms of a lease of real property. Appellant prepared an offer to lease two storerooms from respondent for a period of 10 years, which offer respondent accepted. The question presented by this appeal is whether appellant personally leased the premises or whether he was acting on behalf of a corporation to be formed. The agreement reads as follows:

Appellant personally paid the $650 monthly rental up to and including January, 1955. The judgment is for rent which accrued between that date and expiration of the lease March 4, 1957. Appellant contends that he was not the lessee but that he was acting on behalf of a corporation as provided in paragraph [7] of the agreement. He denies that it was ever the intent of the parties that he should personally assume the obligations of the lease. During the trial the court found the document to be ambiguous and admitted extrinsic evidence as *421 an aid to the interpretation thereof and to determine whether appellant as an individual was the lessee. The extrinsic evidence revealed that appellant, before drafting and forwarding the offer which became the lease when accepted, had entered…

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