Pacific Improvement Co. v. Jones

THE COURT.

The justices of the district court of appeal of the second district, in which this cause was pending on appeal, were unable to concur in a judgment, and they having given their several opinions in writing therein and forwarded to this court copies thereof, the cause was transferred to this court for determination.

The opinion of Mr. Justice Shaw of said district court of appeal, concurred in by Mr. Justice James, in our opinion sufficiently and correctly disposes of all points made by counsel for appellant in their briefs, and we adopt the same as

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the opinion of this court. The following is a copy of such opinion:

“Action to recover a balance of $1,250 rent claimed to be due from defendant to plaintiff under an alleged lease of property for the term of one year.

“Judgment went for plaintiff, a corporation, from which, and an order of court denying his motion for a new trial, defendant appeals.

“The verified complaint, after alleging that on January 21, 1907, plaintiff leased to defendant the property therein described for the term of one year from said date, at the term rental of $3,000, payable in monthly installments of $250 each, further alleged: ‘That said defendant has paid upon said rental the sum of $1,750, and no more, and there is now due and unpaid on said rental the sum of $1,250.’ The answer denied the making of the lease, or that there was due and unpaid from defendant to plaintiff the sum of $1,250 thereon, but did not deny the payment by defendant to plaintiff of the sum of $1,750 rental reserved therein. In support of its contention that it had leased the property to defendant, as alleged in the complaint, plaintiff offered in evidence a document as follows:

“ ‘Santa Monica, Cal., January 21, 1907.

“ ‘Mb. Rot Jones,

“ ‘Santa Monica, Cal.

“ ‘Dear Sir: The Pacific Improvement Company will lease to you for school purposes the property known as the Hotel Arcadia, located at Santa Monica, California, for the term of one year, beginning January 21st, 1907, consisting of the hotel building, the grounds adjoining and belonging to the hotel, dressing rooms for surf bathers, barracks or servants’ quarters, at an annual rental of three thousand ($3000) dollars, payable on the first day of each and every month in monthly payments of two hundred and fifty ($250) dollars each. You agreeing to lease said property at said rental, and make payments as above mentioned. We will agree to include all furniture, linen, crockery and tableware, now in and belonging to said hotel necessary to accommodate fifty people, an inventory of said property being taken and made a part of this lease. You to pay for all repairs, renewals and improvements of every character in connection with said leased