United States v. Certain Space in Premises known as No. 2001 Market Street, San Francisco

This is a condemnation action in which Kresteller Motor Company, one of the defendants, seeks judgment against the United States in the sum of $83,574.22. Kresteller bases this claim on the assumption that at the time of the taking, it was in possession of the premises under a five-year lease and is therefore entitled to recover for various items of damage, on the authority of United States v. General Motors Corporation, 323 U.S. 373 , 65 S.Ct. 357 , 89 L.Ed. 311 , 156 A.L.R. 390 , and United States v. Petty Motors Co., 327 U. S. 372 , 66 S.Ct. 596 , 90 L.Ed. 729 . It is apparent, therefore, that the basic question for decision is whether Kresteller was actually a tenant under a lease at the time the premises in question were condemned. The case was tried to the court without a jury and the record provides the answer.

On February 3, 1945, the date the condemnation action was filed, the building at *987 2001 Market Street, San Francisco, was owned by defendant Alice M. Hall and the estate of Adrianne Thompson, represented by defendant American Trust Company as Executor. Defendant Kresteller Motor Company occupied the entire premises and had for some years previously. Prior to…