Lafrance v. Kashishian

RICHARDS, J.

This is an appeal by the plaintiff from a judgment against him in an action in which he sought damages for breach of an alleged implied warranty of title and of quiet enjoyment, made by his lessors, the defendants herein.

Plaintiff leased from defendants a certain piece of real property, for a term of ten years, at a’ stated consideration of $25 per month for the first seven years of the term and $35 per month for the remaining three years thereof. Approximately two years and ten months after the execution of the lease plaintiff was evicted from the leased premises by one who had established paramount title to the

property;

and thereupon, on account of damages ensuing from such eviction, plaintiff commenced an action against defendants which resulted in a judgment for defendants.

On the trial of the action it was shown that defendants’ claim of title to the leased property was by virtue of a tax title only, which fact was known to each of the parties to the lease prior to its execution, and that the defense interposed by defendants to the action in effect was that before the lease was signed by the parties thereto a contemporaneous oral agreement was entered into between them, in substance, that in consideration of the low rental to be paid for the use of the property as specified in the lease, plaintiff would take the risk of paramount title being established in another person. The introduction of all evidence

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tending to show such oral negotiations between the parties, not included within the terms of the lease, was allowed over plaintiff’s objection, and it is upon such claimed error of the court that appellant bases his argument for reversal of the judgment.

As is substantially declared in section 1625 of the Civil Code and section 1856 of the Code of Civil Procedure, the general rule is that where a contract between parties thereto has been reduced to writing, no evidence of terms of the agreement other than as contained within the contract as thus expressed may be received.

The lease in question contained no express warranty of title in the lessor. The law, however, seems to be well established that a lease which is silent as to guaranty of ownership of the leased premises by the lessor, nevertheless carries an implied warranty of the title in him, and consequent quiet possession in the lessee during the term specified in the lease. (Sec. 1927, Civ. Code;