Ryan v. Huffman

ADAMS, P. J.

On August 1, 1943, Olive B. Burr entered into a lease with Joseph L. Ryan and his wife, Edith Ryan, which leased to the Ryans, for a term of five years, certain real property known as the Mast Ranch. It was provided in said lease that the Ryans should make all necessary and desired repairs of the leased premises including renovation, repair and painting .of the dwelling thereon; that they should not assign the lease, nor sublet the whole or any part of the property without the consent, in writing, of Mrs. Burr; and that they should make prompt reports to the lessor each three months, giving an itemized statement of their expenditures, supported by paid vouchers for repairs and alterations.

[729]

On April 1, 1945, the Eyans entered into an agreement with Carl C. Huffman and Elizabeth Huffman, his wife, assigning to the latter the lease with Mrs. Burr, said agreement providing that the Huffmans pay to the Eyans $3,500, said payment being evidenced by four promissory notes for various sums, payable to Edith Eyan, on different dates, but aggregating $3,500, representing, or purporting to represent, the value of the improvements made on the Mast Eanch by the Eyans. The Eyans agreed to secure the consent of Mrs. Burr to an assignment of the lease, it being said that if she would not agree then the Huffmans should be managers for the Eyans. But to protect the Huffmans, in the event Mrs. Burr did not consent to the assignment of the lease, there was added to the agreement a provision reading:

“It is further agreed that in case the parties of the second part are evicted by the owners all remaining notes are cancelled. ’ ’

The Huffmans took possession of the ranch on April 1,1945. Mrs. Burr refused consent to the assignment, and on October 8, 1945, caused to be served upon the Eyans a written notice cancelling her lease to them, on the ground, among others, that said lease had been assigned without her consent. The said notice contained the following paragraph: “That this is also notice to the said Carl C. Huffman and Elizabeth Huffman, that the undersigned refuses to approve the said sub-lease, and demands that they vacate the said property as such sub-lessees, and that the same be done forthwith.” Copies were sent to the Huffmans, but when does not appear. Shortly thereafter Mrs. Burr telephoned the Huffmans asking that they remain on the ranch “as caretakers,” and under no condition to leave because she didn’t want the ranch vacant.