Venable v. Norton

McCOMB, J., pro tem. This is an appeal from a judgment in favor of plaintiff and against defendants William Norton [545]and Eva Norton in an action to recover an arrearage of rent due under the terms of a written lease.

The facts are:

Defendants William Norton and Eva Norton were the lessees by a written lease of certain premises located in Los Angeles County. Plaintiffs through mesne conveyances became the successors in interest of the lessors and filed action against the defendant lessees to recover $4,742, representing an unpaid balance of rent due under the terms of the written lease. Defendant lessees as a defense alleged that plaintiffs’ assignor, The Allen-Rowlands Company, orally agreed to a modification of the rental terms of the lease and that this oral agreement had been fully executed.

The trial court found:

“ . . . that it is not true that the said plaintiffs’ assignor, the said defendant, the Allen-Rowlands Company, had, on or about the 15th day of January, 1932, or at any time, or at all, entered into any agreement, oral or written, with said defendants William Norton and Eva Norton, wherein and whereby said The Allen-Rowlands Company agreed to change or modify the rental terms of said lease, or in any wise or in any amount reduce any sum, or any of the sums, required and stipulated to be paid by said defendants William Norton and Eva Norton as rental under the terms of said lease; and the court further finds that it is not true that said plaintiffs and their said assignors, The Allen-Rowlands Company, or either of them, has waived any and all, or any or all, right which they or either of them may or might have had under the said lease or the aforesaid assignments to any sum or sums or amounts of rent remaining unpaid by said defendants William Norton and Eva Norton as required by and provided in the terms of said lease; and the court further finds that the allegations contained in paragraph III of the First Answer and Defense of the Answer of the defendants William Norton and Eva Norton to the Amended Complaint to the effect that payments were made under the terms of an alleged oral agreement, as in said paragraph set forth, are untrue; that it is not true that the said defendant The Allen-Rowlands Company accepted any payments as and for rent under the terms of said alleged, or any, oral agreement; and that it is not true that said defendant The Allen-Rowlands Company, for a period of time from the 22nd day of August, 1932, to