Blackman v. Dalton's Auto & Furniture Loans, Ltd.

WOOD (Parker), J.

The complaint for rent under a written lease was filed in the municipal court. A cross-complaint for $2,500 damages was filed also in the municipal court, and the action was transferred to the superior court. Trial was without a jury and judgment was for plaintiffs Blackman and Brandenstein upon the complaint against Dalton’s, a corporation. There is no provision in the judgment as to the cross-complaint, however, the conclusions of law state that the cross-complainant is not entitled to recover. The appeal is by defendant Dalton’s from the judgment.

The complaint alleged that plaintiffs and defendants entered into a written lease for a period of one year to commence on March 29, 1939. In answer to the complaint defendant Dalton’s, a corporation, denied that it entered into a lease with plaintiffs.

At the trial it was stipulated that the lease sued upon was signed by duly qualified agents of defendant Dalton’s, a corporation, and that no rent had been paid and that the lease had been signed by F. C. Blackman and Fannie Brandenstein. It is stated in the first paragraph of the lease that the lease is between F. C. Blackman Trust No. 1896, Western Trust and Savings Bank, known as lessors, and Dalton’s Auto and Furniture Loans, Ltd., known as lessees. At the end of the lease it is signed “Fabe C. Blackman Fannie Brandenstein Lessors” and “Dalton’s W. 0. Fonda Pres. R. A. Bashep Sect. Lessees. ’ ’ Plaintiffs offered the lease in evi

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denee. Defendant objected to the offer on the ground that said lease purported to be a lease between F. 0. Blackman Trust No. 1896, Western Trust and Savings Bank of Long Beach, as lessors; and the lease had not been executed by the parties named in the lease and had no bearing on the issues; and that said lease lacked mutuality; and that there was no showing that F. C. Blackman and Fannie Brandenstein were authorized to sign the lease for the trust or the bank.

Before the court ruled upon the objection a declaration of trust, known as the F. C. Blackman Trust No. 1896, and the amendments thereto were offered in evidence by defendant and received. That declaration of trust, executed in 1936, and the amendments thereto show that the beneficiaries and their interest at the time of the making of the lease were: Fannie Brandenstein, one-half; and F. C. Blackman and La Fern L. Blackman, his wife, one-half; and that the trustee was Western Trust and Savings Bank, a corporation; and that the property involved herein was a part of the trust property and was conveyed to the trustee by ‘' deed absolute in form” prior to the making of the lease; and that the trustors reserved to themselves the right to full and undisturbed possession of the whole of the trust estate without any rental or accounting to the trustee; and that the trustee agreed to lease the property upon the written order of the trustors. The court then overruled the objection which had been made by defendant to plaintiffs’ offer of the lease in evidence and received the lease in evidence.