Igauye v. Howard

VALLÉE, J.

Appeal by defendant, Fred Howard, from a judgment for plaintiff in an action for damages for wrongful eviction and for conversion.

On April 13, 1948, defendants, as lessors, and plaintiff, as lessee, entered into a written lease of a hotel. The term was from May 1, 1948, to December 31, 1951. The lease contained a provision to the effect that in the event of default, it should at the option of the lessors “at once determine and be at an end.”

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The rent reserved was $1,800 per month. On February 8, 1949, by a writing, it was reduced to $1,550 a month, payable on the first of each month. On June 1, 1949, defendant verbally agreed to reduce the rent for June to $1,350, which was paid. On July 1st plaintiff asked for a further reduction. Howard refused and demanded $200 additional for the month of June. Plaintiff did not, at the time of the demand, pay the July rent or the $200. Later that day, defendant evicted plaintiff and entered into a written lease of the hotel with another person. No notice to pay rent or quit was given to plaintiff.

The court found that on July 1, 1949, defendant Fred Howard “wrongfully, unlawfully and in violation of plaintiff’s rights, entered said hotel, took possession of the whole thereof, changed the lock on the door of the office of said hotel, removed certain monies from the cash register of said hotel belonging to plaintiff, and forcibly excluded and evicted plaintiff from said hotel and the whole thereof,” and ever

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since has excluded plaintiff. The court also found that on July 1, 1949, defendant Fred Howard converted to his own use certain personal property belonging to plaintiff.

The answer alleged that on July 1, 1949, plaintiff had not paid the rent for June, and in July declared he had no intention of paying the rent, and that he would not pay any rent thereafter. The court found that these allegations are not true by referring to the numbered paragraph of the answer.

Defendant contends the court should have made specific findings, particularly specifying the facts with respect to the reduction of the rent and the allegation of abandonment. The finding that the allegations of the specific paragraph of the answer in which these allegations were made are untrue is a sufficient finding.