Legal Opinion

Masciotra v. Harlow

California Court of Appeal

Decided July 12, 1951No. Civ. 18358PublishedCited by 28 opinions

1Opinion of the CourtWilson, J.

Plaintiff'-lessor brought this action to recover damages for alleged nonperformance by defendant-lessee of covenants in a lease. This appeal is from a judgment in favor of defendants.

In January, 1945, plaintiff as lessor leased to defendants certain premises on Ventura Boulevard in Los Angeles County for the purpose of operating a restaurant. The lease, which was for a term of five years from March T5t 1945. provided for a monthly rental of 7 per cent of the gross receipts with a minimum of $250.

Defendants went into possession under the lease and began operating the café. They changed the…

2Cases cited11 opinions

  1. Freeport Sulphur Co. v. American Sulphur Royalty Co.Texas Supreme Court · 1928
  2. Cousins Investment Co. v. Hastings Clothing Co.California Court of Appeal · 1941
  3. Grass v. Big Creek Development Co.West Virginia Supreme Court · 1915
  4. Cissna Loan Co. v. BaronWashington Supreme Court · 1928
  5. Palm v. Mortgage Investment Co. of El PasoCourt of Appeals of Texas · 1950

6 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Mercury Investment Co. v. F.W. Woolworth Co.Supreme Court of Oklahoma · 1985
  2. Food Fair Stores, Inc. v. BlumbergCourt of Appeals of Maryland · 1964
  3. Stop & Shop, Inc. v. GanemMassachusetts Supreme Judicial Court · 1964
  4. Percoff v. SolomonSupreme Court of Alabama · 1953
  5. Lippman v. Sears, Roebuck & Co.California Supreme Court · 1955

23 more not listed; retrieve them via the Exa API.

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