Peiser

Peiser v. Mettler

Good Law
14 Cal. Rptr. 487·193 Cal. App. 2d 608·1961 Cal. App. LEXIS 1747
Court of Appeal of CaliforniaJuly 10, 1961Civ. No. 25125California2,190 words

Opinion

Lead Opinion

Wood, J.

This is an action by owners of a ranch for damages for removal of buildings and other alleged fixtures in violation of the terms' of a lease. Plaintiffs obtained judgment against defendants, who are the lessee and the assignees of the lessee’s interest in the lease.

Plaintiffs are owners of a section of land (in Kern County) which was leased to defendant Mettler in 1945 for approximately five years. Mettler moved a three-room house onto the east-half of the land (ranch).

Thereafter, in September 1946, Mettler sublet the ranch to defendants Fry. During the next month (October), the defendants Fry purchased a military barracks building, cut it into three parts, moved the parts onto the east-half of the ranch, and constructed two houses (dwellings) and a utility building therefrom.

On March 15, 1947, Mettler assigned the whole lease to *610 defendants Fry, who thereafter moved the last-mentioned three buildings (2 houses and utility building) from the east-half of the ranch onto the west-half thereof.

In February 1949, defendants Fry sublet the east-half of the ranch to defendant Garner, who constructed a utility building thereon. In 1950, defendants Fry exercised the option…

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