Rishwain v. Smith

The plaintiffs have appealed from a judgment which was rendered against them in a suit in unlawful detainer. Defendants bought plaintiffs’ partnership business in Stockton, including the merchandise, fixtures and equipment, for $400,000. The written agreement of sale included, as part consideration therefor, a lease, or agreement to lease the store buildings for two years on specified terms, with a provision that plaintiffs would execute a more specific lease in accordance therewith, which they failed to do. The defendants took possession of the buildings pursuant to that agreement and paid…