Peiser
Peiser v. Mettler
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…