Beckett v. City Of Paris Dry Goods Co.

14 Cal.2d 633 (1939)

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Nature of the Case

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Facts

City of Paris Dry Goods Co. (D) agreed with Beckett (P), an optometrist, that P would be permitted to conduct a first-class optical department in D's large store for three years. The space that P would occupy was designated by D and D was to supply all light, heat, water, telephone, and elevator service. P agreed to supply all equipment, fixtures, and showcases conforming in style and finish with the rest of the store. P was to pay D twenty percent of his total monthly sales. P was required to purchase merchandise in his own name and credit and agreed to provide liability insurance to the store for P's negligence of that of P's employees in the conducting of their business in D's store. The contract also stated there was no assignment of the contract permitted unless D agreed to such in a signed writing and that on the last day of the term, P was to peaceably surrender and yield any occupied premises. P took possession of several rooms and thing went well for more than two years when D terminated the agreement for an alleged violation of the failure to deposit receipts with D's cashier. Eventually, all of P's equipment and merchandise was taken from D's store, and P was excluded from the spaces. D claims that it only granted P a license.