Mason v. Ennes

California Court of Appeal Jul 17, 1959 No. Civ. No. 18506Published

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Holding. The trial court committed reversible error by failing to make findings on the material issue of waiver raised by the defendant's affirmative defense. A judgment cannot stand when the court fails to resolve all material issues raised by the pleadings.

Issues

Whether the lease's description of the building was sufficiently definite to support an action for damages.
Whether the lease provision created a mandatory obligation to build or merely a privilege.
Whether the trial court was required to make specific findings on the issue of waiver raised as an affirmative defense.

Disposition. reversed

Quotations verified verbatim against the opinion

“We are satisfied that the description contained in the lease of the proposed building was sufficiently definite to form the predicate for an action for damages for breach of the covenant to build.”

“It is firmly established that it is essential that findings be made on every material issue raised by the pleadings, including issues raised upon affirmative defenses in the answer, and that a failure so to do constitutes reversible error.”

172 Cal.App.2d 99 (1959) JOHN MASON, Respondent,

JOE ENNES, Appellant.

Civ. No. 18506. California Court of Appeals. First Dist., Div. Two.

July 17, 1959. Watson & Tedesco and Vincent N. Tedesco for Appellant.

Winton, Edlefsen & Murphy and F. Leon Edlefsen for Respondent.

O'DONNELL, J. pro tem. [fn. *]

Plaintiff, as lessor, and defendant, as lessee, executed a written lease which contained the following provisions: "Lessee is hereby authorized to build approximately 30 ft. X 70 ft. upon the demised premises for the use of his business and to also construct such other improvements thereon as may be necessary or convenient for him in conducting said business. With reference to the 30 ft. X 70 ft. building to be so erected, Lessee does hereby covenant and agree to so construct the same, work thereon to commence within a reasonable time after the execution of this lease. All material and labor necessary therefor shall be at [101] the expense of Lessee except and provided, however, Lessor does hereby agree to furnish all concrete material necessary for the flooring and foundation of said building. The building shall be of sheet iron construction and all work shall be performed in a good workmanlike manner and the construction shall be in accordance with and comply with the requirements of the Building Code of Santa Clara County."

"Upon the termination of this lease the building so erected shall be and become the property of Lessor."

Defendant was engaged in the trucking business.

Following execution of the lease a cement foundation for the building, having dimensions of 32 feet by 60 feet, was laid. Plaintiff paid the cost of the foundation. Following the laying of the foundation, defendant constructed a building thereon. Rather than being of sheet iron, as called for by the lease, the building had a roof of sheet aluminum, three of the walls were made of plyboard and the fourth side of the building consisted of an old trailer coach which supported one end of the roof. The building failed to comply with the building code of Santa Clara County in a number of particulars.

Mason v. Ennes

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