Gordon v. Green

This action was brought to recover certain rents alleged to be due and unpaid under the terms of a written lease. The present appeal relates only to the judgment in favor of the defendant on the first cause of action set out in the complaint. The defense of the defendant was that there had been a change in the written contract of lease by an oral executed agreement, whereby the claimed rent was paid.

A former appeal from a judgment in favor of the defendant in this action was decided by the court of appeal for the first district in division one thereof. (15 Cal. App. 765 [197 Pac. 955].) That…