California Court of Appeal January 3, 1962, Civ. 10111 (Lynn v. DePue Warehouse Co.)

PIERCE, J.

Defendant tenant appeals from a money judgment in favor of plaintiff landlord for damages, towit: a eraeldng 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.