Smith v. Cap Concrete, Inc.

Opinion

NEWSOM, J.

This is an appeal from a judgment entered after court trial based upon stipulated facts, which we recapitulate as follows.

Appellants are the owners of real property located in Alviso, California, which, beginning in 1971 or 1972, was leased by oral agreement to George Interiano. During the course of the lease, without appellants’ knowledge Interiano sublet the property to Carson Grimes, who in 1976 was engaged in the used lumber business. Grimes asked Gregory Knapp, an agent for respondent, to deliver broken concrete material to this new business location for use as fill.…