Fong v. Rossi

Two actions for rent were- consolidated for trial. The defendant cross-complained to establish a rescission on the ground, among others, of failure of consideration and to recover back $2,500 already paid as rent. Judgment went against plaintiffs and for defendant on the cross-complaint. From this judgment plaintiffs appeal.

The parties entered into a written contract of lease on May 14, 1946. The downstairs portion of the premises leased had been operated as a restaurant and respondent intended to remodel it and operate it as a night club. The property rented included “all of the furniture,…