Crump

The establishment involved in this case is a fourteen room residence known as 315 Laurel Street, San Francisco, California. Plaintiff contends that during the period of one year immediately preceding the commencement of this action on March 19, 1949 defendants charged her and collected from her for the rent of this residence the sum of $200.00 per month, which was $85.00 per month in excess of the maximum legal rent of $115.00 per month previously fixed by the Housing Authority. Plaintiff asks for $3060.00 as liquidated damages, being three times $1020.00, which is $85.00 per month for the twelve months next preceding the commencement of this action, and for attorneys’ fees and costs.

Defendants make two answers to plaintiff’s claim, — (1) that the extra $85.00 per month was not paid for rent, but was paid under a separate written contract between plaintiff and defendants in consideration of defendants moving their furniture from the dwelling so that plaintiff could put her furniture in said dwelling, and in consideration of defendants making certain improvements and suffering various other- detriment by moving out of the dwelling, a copy of which agreement made in October, 1947…