Los Angeles Soda Works v. Southern California Aquazone Co.

CRAIG, J.

Final judgment having been entered pursuant to an order sustaining a demurrer to the complaint filed in this action without leave to amend, the plaintiff appealed.

Appellant alleged that on June 2, 1925, it became the sublessee of respondent Southern California Aquazone Company, a corporation, of premises belonging to the respondent F. G. Phillipps, for a term extending until March 1,1927, “and any renewal of the same,” at the rental “specified in

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said lease”; that it entered and still had possession of the premises, and had performed all of the terms and conditions thereof; that the sublessor had declined to accept the monthly rental for June, 1926, demanding a larger amount than that tendered, or possession of the property. The plaintiff prayed that the court “appraise and fix as of June 2, 1926, the monthly rental of said leased premises and property for said unexpired term between June 2, 1926, and March 1, 1927, in fulfillment of the provisions of said lease.” The facts pleaded are embodied in correspondence which, including the purported lease, is set forth in the complaint. The instrument in controversy consists of a letter, the material portions of which are as follows:

“Los Angeles, California, June 2, 1925.

“Mr. Frank R. Bray,

“Los Angeles Soda Works,

“509 Commercial Street,

“Los Angeles, California.

“Dear Sir:

“This is to confirm the verbal understanding had between your company and the Southern California Aquazone Company in regard to your leasing this company’s plant and equipment. . . . The understanding is that for the first year of our agreement, commencing' June 1, 1925, you are to pay the rentals and perform the services hereinafter recited, with the understanding that at the end of this period a revised agreement will be made, based on the business which has been done, and which will cover the life of the lease & any renewal of same.

“For the first year you are to pay t'o F. G-. Phillipps, the lessee of the premises at 3408-10 South Main street, on the first of each and every month, one hundred and no/100 dollars ($100.00).”