(DOWNLOAD) "Warming v. Shapiro" by First Appellate District, Division One District Court Of Appeal Of California # eBook PDF Kindle ePub Free
eBook details
- Title: Warming v. Shapiro
- Author : First Appellate District, Division One District Court Of Appeal Of California
- Release Date : January 25, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
[118 CalApp2d Page 73] Plaintiff, as assignee of the tenant under a lease, brought this action against the landlord to recover $11,988 paid by the tenant to the landlord at the time of the execution of the 10-year lease, the lease having been terminated by reason of its assignment by the tenant without consent of the landlord in violation of a covenant in the lease. The landlord had the assignee evicted because of such breach, the tenant assigned his interest in the fund to the plaintiff, and this action was instituted. The trial court determined that the money had been paid to the landlord either as advance rent or as part consideration for the execution of the lease, and that for either or both reasons was not recoverable by the tenant or his assignee. Judgment was entered accordingly. Plaintiff appeals, his main contention being that the sum involved, under the terms of the lease, properly interpreted, was paid as a deposit to secure faithful performance of the terms of the lease, and, as such, is recoverable by the tenant or his assignee where the lease is terminated prior to its fixed term.
 "Warming v. Shapiro" by First Appellate District, Division One District Court Of Appeal Of California # eBook PDF Kindle ePub Free){kind=link}