LYNN v. DePUE WAREHOUSE CO.

Docket No. 10111.

198 Cal.App.2d 742 (1962)

17 Cal. Rptr. 841

WALLACE R. LYNN et al., Plaintiffs and Respondents, v. DEPUE WAREHOUSE COMPANY, Defendant and Appellant.

Court of Appeals of California, Third District.

January 3, 1962.


Attorney(s) appearing for the Case

Cushing, Cullinan, Hancock & Rothert and Killebrew & Hubbard for Defendant and Appellant.

Pelton, Gunther, Durney & Gudmundson and Harold Albert Stone for Plaintiffs and Respondents.


PIERCE, J.

Defendant tenant appeals from a money judgment in favor of plaintiff landlord for damages, towit: a cracking and sagging of the foundation and timbers of leased premises, a warehouse, alleged and found by the trial court to have been caused by (1) breach of the tenant's covenant to repair, and (2) negligence of the tenant.

The occurrence and extent of the damage are not questioned, but defendant contends that it neither breached the lease covenants...

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