Reports of Cases Determined in the Courts of Appeal of the State of California (Volume 23) - Tapa blanda

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914. Excerpt: ... leased premises were surrendered to the landlord before service of the above mentioned notice. This contention is not well founded. The contract of lease being in writing could only be altered by a contract in writing or an executed oral agreement. Nothing of the kind is shown here; nor is it shown that the lessor released the first lessees from any of the covenants contained in the lease. The mere accepting rent from one in possession under the lease would not have that effect. (Brosnan v. Kramer, 135 Cal. 36, 66 Pac. 979.) 2. The expenses incurred for service of attorneys were caused by the nonpayment of rents and by the various changes in occupancy which took place without the consent or fault of the lessor. They were expenses incidental to default by the lessees not only in payment of rent, but in occupancy and care of the leased premises. It was not necessary to prove that these expenses have been actually paid. (Donnelly v. Hufschmidt, 79 Cal. 74, 21 Pac. 546.) 3. The defendant has suffered no harm by the failure of the court to rule upon her motion to strike out certain testimony with reference to services performed in regard to this lease up to and including the lease which was made after notice to defendant. The evidence shows without conflict that services of the same kind rendered later than that time were worth two hundred and fifty dollars, and the damages allowed on that item of the claim of plaintiffs were only two hundred and fifty dollars. The judgment is affirmed. James, J., and Shaw, J., concurred. Civ. No. 1312. First Appellate District--February 6, 1914. CHARLES FEY, doing business as CHARLES FEY & COMPANY, Respondent, v. ROSSI IMPROVEMENT COMPANY, Inc., Appellant. Landlord And Tenant--Lease Of Premises On Which To ManupacTure Nickel ...