W. Ross Campbell Co. v. Herbert's of Los Angeles

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HOUSER, J.

The defendant was the owner or in the possession of certain storerooms at what were known as Nos. 745 to 749 South Hill Street, in the city of Los Angeles. The storeroom at No. 745 was separate and apart from the remainder of the premises, the latter of which were occupied by defendant in the operation of its business as a restaurant. The plaintiff is a corporation acting as a broker in the business of selling and leasing real property. Through an employee of the plaintiff it solicited from the defendant the business of procuring a tenant for such storeroom at No. 745 South Hill Street, and at the same time informed the defendant of the name of a person or a corporation which plaintiff hoped might be induced to become such tenant. Concurrently therewith, the defendant gave to the plaintiff full particulars respecting the terms and conditions under which the storeroom would be leased. Shortly thereafter, acting under the direction of the plaintiff, the proposed tenant visited the premises owned or possessed by the defendant. At that time the plaintiff was informed by the defendant that theretofore it had given to another person an option to lease the storeroom at No. 745 South Hill Street, but that if such option were not exercised the defendant would then be in a position to enter into a léase with the proposed tenant which the plaintiff had sent to the defendant. Within a few days following such statement by the defendant, the storeroom at No. 745 South Hill Street was leased by the defendant to a third person or corporation, with the proviso that possession of such storeroom was not to be taken by the lessee until after the lapse of approximately three months following the date of such lease. About two weeks after the proposed tenant who had been introduced to the defendant by the plaintiff had inspected the premises owned or possessed by the defendant and had then been informed as hereinbefore stated, and some days following the date of the lease of the storeroom at No. 745 South Hill Street to the third person or corporation, the defendant approached the proposed tenant who had been introduced to the defendant by the plaintiff and in person sought to induce such proposed tenant to lease from the defendant a portion of the remainder of the premises which were then being occupied and operated by the defendant as

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