Union Liquors, Inc. v. Finkel & Lasarow, Inc.

McCOMB, J.

From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover the purchase price of certain fixtures and equipment sold to defendant pursuant to a written ágreement, defendant appeals.

Viewing the evidence most favorably to plaintiff (respondent) , the essential facts are:

September 15, 1938, plaintiff and defendant entered into an agreement reading in part as follows:

“III.

“It is agreed that Lessee will enter in and upon said premises hereinabove described in Division (a) and (b) hereof

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and will erect fixtures and fittings and will install therein stock-in-trade consisting of alcoholic beverages, beers and wines, drug sundries and miscellaneous supplies and will operate, maintain and conduct the said business for a period of not to exceed sixty days from and after the date hereof.

“IV.

“It is specifically agreed that on or before sixty days from and after the date hereof, Lessee will sell to Lessor or its assigns, and Lessor will purchase the said store fixtures and incidental equipment and all of the said stock in trade consisting, among other things, of alcoholic beverages, beers and wines, drug sundries and miscellaneous supplies, from Lessee, at the actual cost thereof to Lessee; that is to say, that on or before sixty days from and after this date an inventory will be taken and Lessor will pay to Lessee the actual cost to Lessee of each and every and all items on hand in said store at said time; provided, however, that the total price to be paid by said Lessor for said fixtures, equipment, stock in trade and miscellaneous supplies shall not exceed the sum of Six Thousand Dollars ($6,000.00) and provided, further, that Lessor may reject from such items any damaged items, together with any part of said stock in trade which is not of a brand or type commonly sold in liquor and drug stores in Los Angeles County, California. Provided, however, that Lessee may remove stock in trade or miscellaneous supplies at will prior to such sale, and it is specifically understood that Lessee may remove such portions of such inventory as Lessee may desire to remove in order that the same may not exceed in all Six Thousand Dollars ($6,000.00) as hereinabove provided.