James v. Haley

THE COURT.

This is an appeal from a judgment of the trial court in an action brought by a tenant against his landlord for damages alleged to have been suffered by reason of the breach, by the landlord, of the covenant of quiet enjoyment, and by reason of the eviction by the landlord of the tenant from a portion of the leased premises. The case was tried before the court without a jury, resulting in a verdict in plaintiff’s favor in the sum of $2,700. Prom

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this judgment, defendant John 0. Haley appeals, the action having been dismissed as to all other defendants. Respondent on this appeal has not seen fit to aid this court with any briefs, nor did he respond to an order to show cause.

The facts out of which this controversy arose, and most of which were found by the trial court, are as follows:

On September 28, 1920, defendant Haley and Adelaide Corbley, as lessors, leased to T. C. Larter and associates for the period of two years certain real property located at the southwest corner of Sunset Boulevard and McCadden Place, in the city of Los Angeles. It appears that at that time defendant owned or controlled three lots, designated as lots 1, 2 and 3, at that corner. It is admitted that the lease in question was of a certain portion of lot 1, then unimproved. The exact portion of lot 1 that was so leased was one of the main questions presented to the trial court. Both parties had lost their copies of the lease, so that its contents had to be proved by paroi. On the question of the extent of the lease, it is admitted that it was contemplated by the parties that Larter was to build a real estate office on the premises leased and use and occupy the same for real estate purposes. Defendant contends that all that was leased was the property actually covered by this building, and an entrance thereto. The plaintiff, who is the assignee of Larter and associates, contends, and the trial' court found, that there was leased at this time a rectangular strip 52.81 feet by 60 feet, for the purpose of conducting a real estate office thereon. This finding, although based on conflicting evidence, is amply supported by the record.

After taking possession of the property, Larter erected a real estate office thereon and proceeded to grade and plant in lawn the portion of the premises here in dispute. In addition, Larter erected, with materials furnished by defendant, a decorative fence in back of the office, on the line where he deemed the southerly boundary of the leased premises to be. There can be no doubt that these acts were all done with the knowledge, consent and approval of the landlord, and that all of the premises so graded and planted, and bounded by the fence, were treated by the parties thereto as included within the lease. The portion of the premises immediately east and west of the office, and which