Woolford v. Electric Appliances, Inc.

PLUMMER, J.

The plaintiff had judgment against the appellants for the sum of $788.26, on account of the alleged failure of said appellants to furnish an efficient refrigeration plant. This appeal is prosecuted from said judgment.

The record shows that on or about the 22d day of June, 1934, the appellants, Byron B. Davis and Earl P. Davis, and the respondent, Clarence E. Woolf or d, entered into an agreement of lease of property in the city of Sacramento, wherein the appellants leased to respondent a certain portion of a structure to be erected. The structure was more specifically described as a “Drop-In” market. This market contained a great may stalls. The lease to the respondents was for a stall to be located in said market. The lease in question was for a specific purpose and contained provisions as to certain appliances to be installed by the lessors. Outside of the formal provisions of the lease there are two specifications involved in this proceeding, to wit: Paragraph No. 11 of the lease reads: “The herein demised premises shall be used for some or all of the following purposes: operation of meat market, to have the exclusive sale of all fresh meats, cured meats, smoked meats, fish and poultry, except sliced ham and bacon. Also, to have the privilege of selling all luncheon meats, bulk and package shortening and lard, bulk sauerkraut, cottage cheese and sandwiches. Said prem

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ises shall not be used for any other purpose without the written consent' of the owner.” Paragraph 21 of the lease is in these words: “The following described fixtures and appurtenances are to be installed by the owner: Refrigeration display counters, display racks and shelving, back bar, one ‘walk-in’ ice-box, refrigeration machinery, rails in box, one sink, gas outlet, hot water heater. ’ ’

The court found that the refrigeration plant agreed to be installed by the lessors was inefficient for the purposes contemplated by the lease; that as a result of the inefficiency of the refrigeration plant that a considerable portion of the meats attempted to be handled by the respondent, spoiled, to the extent of the value of $688 and some cents; that the respondent was also put to the additional expense of $100, aggregating a total loss by the respondent of $788.26.

The appellants in this cause rely upon the general principle stated in 36 Corpus Juris, page 45, as follows: “There is, as a general rule, no implied covenant upon the part of the landlord that the demised premises are fit for the purposes for which they are rented, or for the particular use for which they are intended by the tenant, or that they shall continue fit for the purposes for which they were demised, and this is true although the landlord knows the purpose for which the tenant intends to use the premises.”