Crittenden v. St. Hill

LENNON, P. J.

This is an action in unlawful detainer. The pleaded and proven facts of the case show, substantially, that on the tenth day of June, 1914, the defendant herein and one Everson entered into a lease of the premises in controversy. Plaintiff acquired title to the demised premises from Everson on December 14th of the same year. Immediately following this change of ownership disputes arose between the plaintiff and defendant concerning the legality of the lease held by the latter, which finally culminated in litigation between them. Finally, however, the plaintiff, on July 3, 1915, agreed to waive his objections to the sufficiency of the lease, and further agreed not to disturb the defendant in the possession of the premises, in consideration of her paying the arrears in rent, which, at that time, amounted to $1,260, and covering a period of six months at the monthly rental of $210 as stipulated in the lease. The rent not being paid as thus agreed, plaintiff commenced an action on the sixth day of July, 1915, to recover the same from the defendant, and in that action sued out an attachment. The defendant, on the sixteenth day of July, filed her answer to the complaint therein, together with a counterclaim for damages, and at the same time procured a release of the attachment. That action and the issues arising therein are still pending, undetermined. On July 15, 1915, another month’s rent became due, and the defendant offered to plaintiff the sum of $210, conditioned upon his giving a receipt for the rent for that period. Plain

[109]

tiff refused to comply, with this condition upon the ground that if he did so, it would constitute an admission upon his part that only that sum was due as rent, and would also prejudice his right to institute the present unlawful detainer suit. A similar receipt was presented each month as the rent became due, and until the time of the trial of the present action. On the sixteenth day of July, plaintiff demanded of defendant the possession of the leased premises, or payment to him of the rent, amounting at that time to the sum of $1,470, which was the aggregate of the rent due for seven months, from the fifteenth day of January, 1915, to the fifteenth day of August of the same year. This demand not having been complied with, plaintiff therein on the twenty-eighth day of July instituted the present action in unlawful detainer to recover possession of the leased premises. Defendant filed her answer herein and after trial, which was had on the thirteenth day of January, 1916, judgment was rendered in favor of plaintiff and against defendant for possession of the leased premises; for the forfeiture of the lease and for the sum of $2,520 as rent for a period of twelve months accruing up to the time of the trial, together with attorneys’ fees and costs. The appeal is from the judgment.