Meadows v. Snyder

PRESTON, J.—

After a careful reconsideration of this cause, we adopt, as the opinion of this court herein, the opinion heretofore rendered by Mr. Presiding Justice Finch of the Third Appellate District as follows:

“The plaintiff was given judgment against the defendants for the sum of $700 as the reasonable rental value of the premises in Cloverdale, Sonoma county, known as ‘Dad Snyder’s Inn,’ for a period of seven months, commencing October 14, 1925. The defendants have appealed from the judgment.

“The answer admits that the plaintiff was the owner of ' the property during the seven months mentioned, that the defendants were in possession thereof during all that time and that the reasonable monthly rental value thereof was $Í00. Belying on such admissions, the plaintiff introduced no evidence. The facts hereinafter stated appear from the testimony of the defendants and documentary evidence concerning which there is no dispute.

“ On and prior to September 9, 1920, and at all times thereafter until March 28, 1925, the defendants Spoerke and Thompson were the owners of the property mentioned, the title standing in Spoerke’s name. On September 9, 1920, in like manner, they owned and held the personal property used in and in connection with the inn. On the day last mentioned they, in Spoerke’s name, entered into an agreement with the defendant Snyder, by the terms of which they leased the inn to him until March 1, 1922, at a rental of $75 a month, and gave him an option to buy the property for $11,500. In the same instrument they agreed to sell the personal property to him for $3,500, $1,000 of which was to be paid in cash and the remainder in instalments. The

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agreement provided that the owners might sell the premises ‘at any time during said lease/ and that in the event of such a sale ‘the buyer must also buy the furniture therein contained.’ Snyder went into possession under the lease and he has been in the actual possession thereof continuously since such entry. March 28, 1925, Spoerke conveyed the real property to W. F. Hopkins and the latter gave his promissory note in payment of the purchase price, secured by a deed of trust covering the same property. Snyder and Hopkins executed an agreement, dated April 2, 1925, by the terms of which Snyder agreed to deliver possession of the premises to Hopkins and a bill of sale of the personal property upon his payment within 30 days of $4,000 for the personal property, Snyder to pay rental at the rate of $100 a month for the time he might remain in possession, but providing ‘that in the event the said sum of $4,000 is not paid as hereinabove specified within the said period of 30 days, then and (in) that event this agreement shall become null and void, and the said party of the first part shall be relieved of the necessity of delivering up possession of the said premises or executing the said bill of sale or the payment of any rental as herein specified. Hopkins failed to make the payment provided for in the agreement and it appears that he made no attempt to carry out the terms of the agreement. It appears that he conveyed the premises to the plaintiff, because, as stated, the pleadings admit that the plaintiff became the owner thereof on October 14, 1925. The plaintiff served notice on the defendants of his purchase of the property and demanded that they pay rental at $350 a month or vacate the premises, but they did neither. Spoerke thereafter caused the premises to be sold under the terms of the trust deed. He "became the purchaser at the sale and received a deed for the property May 15, 1926.