Fontana v. Upp

This is an appeal by plaintiff from a judgment in favor of defendants in an action in which plaintiff sought damages for breach of a lease of certain premises owned by defendants and which plaintiff desired for the operation of a bakery business. The complaint alleged failure of respondents to place appellant in possession of property pursuant to a lease, and the answer denied that the lease ever became legally effective, alleging that the document was subject to a condition precedent which had never occurred. Evidence of the condition precedent was offered at the trial without objection, and…