Enlow v. Irwin

[100]

KNIGHT, J.

The action herein was to recover the sum of $500 and interest paid by plaintiff pursuant to negotiations had with defendant R. E. Durbin for a lease of real property. The cause was submitted to the trial court on an agreed statement of facts, and judgment was given in plaintiff’s favor. The defendants appeal.

The negotiations between plaintiff and Durbin were evidenced by an instrument in writing, signed by them, and reading as follows:

“Received this day from Marie Louise Enlow the sum five hundred and 00-100 Dollars, being a deposit in escrow with Fullerton Realty Company of Fullerton, California, as part payment in the nature of advance rent on lease of the following described property: A room approximately 16x36 feet in the new proposed Fullerton Hotel to be built by the Community Hotel Company on the Northwest corner of Wilshire and Spadra Streets said.room to be described as follows: the first room on North wing next to Hotel Lobby, arrangements of interior to be decided on when lease is made. Said lease to be executed for a period of ten years at a monthly rental of One Hundred and 00-100 Dollars per month, payable in advance. The said Five Hundred and 00-100 Dollars, receipt of which is hereby acknowledged, is to remain in escrow until such time as lease, properly made out and signed, is turned over to the said Marie Louise Enlow at which time the said Five Hundred 00-100 Dollars will be turned over to R. E. Durbin to be held by him as security for the performance, of all the conditions of said lease, and to apply as the last five months rental of said lease, it being understood that should the said Marie Louise Enlow fail to comply with all of the conditions of said lease, the said lease will be cancelled by R. E. Durbin and the said Five Hundred 00-100 Dollars remain in his possession as damages. This agreement executed this 19th day of October, 1921, is to bind ourselves, our heirs, executors, administrators and assigns.

“R. E. Dubbin, Lessor.

“Marie Louise Enlow, Lessee.

“Interest to be paid Lessee on deposit at the rate of 6% per annum.

“R. E. Dobbin.”