Aaker v. Smith

The defendants, three partners operating a cocktail lounge in Albany, California, known as the “Palm Gardens,” appeal from a judgment awarding plaintiff $4,500 in damages for the breach by defendants of an oral annual year to year lease for certain restaurant premises and facilities located in the cocktail lounge. Defendants also notice an appeal from the order denying their motion for a new trial. That order is nonappealable, and the purported appeal therefrom should be dismissed.

The four basic contentions of appellants are (1) that respondent was in occupation of the premises only as a…