Backus v. Duffy

.STURTEVANT, J.

This is an action brought to recover rent. On the twenty-sixth day of February, 1923, R. L. Collins leased to W. 0. Backus the premises known as 667 Geary Street. By the provisions of the lease the term commenced May 1, 1923, and ended May 1, 1928. The rental reserved was $150 per month during the time from December 1, 1924, to the end of the lease. It contained many covenants. One of those covenants was to pay the rent promptly, and continuing it provided: “ . . . and in the event of the failure of the lessee so to do, or in the event of a breach of any of the other covenants or agreements herein contained, on the part of the lessee to be kept or performed, or in the event the lessee shall abandon or vacate the said premises, the lessor may, without demand or notice,

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declare the said term ended, and may reenter into and upon said premises and remove all persons and things therefrom, and repossess the said premises as in the first and former estate of the lessor, or the lessor may, at the lessor’s option, pursue any other remedy which he may have, either at law or in equity, for collection of rent or breach of covenant.”

On December 1, 1924, the plaintiff wrote to the defendant a letter as follows:

“San Francisco, Calif., December 1st, 1924.

“Miss Agnes Duffy,

“330 Sutter Street,

“San Francisco, Calif.

“Dear Madam:

“Confirming our conversation of this afternoon regarding your renting of all that certain store and basement contained in that certain one-story and basement concrete building, situate on the southerly line of Geary Street, between Jones and Leavenworth Street, and known and designated as #667 Geary Street, size approximately 12:6x69; we wish to advise that the following conditions will be acceptable to us:

“This article to act as an agreement of tenancy between us, under which the lessee shall be governed by all the covenants and agreements contained in that certain lease, made and entered into on the 26th day of February, 1923, by and between Roy L. Collins and W. Orrin Backus.