Frey v. Corbin

PEEK, J. By his complaint plaintiff sought to have declared his tenancy as a subtenant of defendants in certain business property located in the city of Vallejo, and that defendants be estopped to deny his tenancy during the term of his alleged lease. Defendants answered denying generally the allegations of plaintiff’s complaint, and sought damages and restitution of the premises, as stated in their cross-complaint, for the alleged failure of plaintiff to pay the increased rental demanded of him in defendants’ notice of change in the terms of plaintiff’s tenancy theretofore served upon him by defendants.

At the conclusion of the trial on the issues so joined the court specifically found that commencing on or about March 7, 1944, plaintiff and one Sehamun became the sublessees of defendants at 717% Marin Street, Vallejo. On September 8, 1944, plaintiff purchased the interest of his partner in the meat and vegetable market operated by them at said address, and ever since has been the sole owner thereof and has continued to occupy the premises as a subtenant of defendants. During all of this time defendants were the lessees of the premises occupied by plaintiff as mentioned and also of 717 Marin Street (wherein they operated a photo supply shop), under a lease which expired on or about January 1, 1945, and which was renewed on or about that date for a period of five years. About April, 1943, when defendant B. Hardin Corbin entered the armed forces he executed and delivered to his wife, the defendant Carol Corbin, a general power of attorney, including the power to sublease said premises and to do all things necessary in connection therewith. On December 24, while Mrs. Corbin was so acting under said power of attorney plaintiff requested a written lease of that portion of the premises then occupied by him. At said time Mrs. Corbin told plaintiff: “You have nothing to worry about; as long as we are lessees of the property, you can occupy the premises at 717% Marin Street.” Plaintiff, in reliance upon the promises of said defendant Carol Corbin made no attempt [538]to obtain a separate lease for himself from the owners but urged Mrs. Corbin to obtain a renewal of defendants’ lease and assured her if a new lease could be obtained he would pay his share of the increased rental.

On or about December 30, 1944, Mrs. Corbin informed plaintiff she had obtained a new lease beginning January 1, 1945, and that commencing January 25, 1945 his rental would be $122.50, which rental plaintiff paid to and including April 25, 1945. On or about March 25, 1945 Mrs. Corbin informed plaintiff she had received a letter from her husband wherein he stated that plaintiff should assume the entire increase under the new lease, and accordingly beginning April 25, 1945 his rental would be $148 per month and at that time it was agreed the sum of $148 was the last raise and that the rent would not thereafter be increased. Plaintiff agreed to such conditions and in reliance upon said representations paid defendants the designated rental of $148 to and including March 25, 1946, and ever since has been able and willing to continue to pay the same. Oh or about January 2, 1945, plaintiff desired to alter and improve the premises occupied by him and asked permission of Mrs. Corbin to do so, whereupon he and Mrs. Corbin went to one of the owners explaining in detail the proposed alterations and improvements which were approved by both the owner and Mrs. Corbin. Plaintiff in further reliance upon representations of Mrs. Corbin proceeded to so alter and improve his store expending therefor the sum of approximately $4,000. Mrs. Corbin observed the work being done by plaintiff and made no objections thereto, and had it not been for her representations that he could remain on the premises as long as she and her husband were the lessees of the whole building and premises plaintiff would not have made the improvements.