Cavanaugh v. High

Appeal from judgment for plaintiff in unlawful detainer action. The main issue is whether a conventional relationship of landlord and tenant existed between plaintiff and defendant. The trial court found that it did. Subject to exceptions specified in section 1161, subdivision 1, and section 1161a, Code of Civil Procedure, that is sine qua non to maintenance of such an action. (Francis v. West Virginia Oil Co., 174 Cal.168, 170 [162 P. 394]; Fredericksen v. McCosker, 143 Cal.App.2d 114, 116 [299 P.2d 908] ; 30 Cal.Jur.2d, § 347, p. 486.)

By answer defendant denied that there was any landlord…