Tamamian Et Al. v. Gabbard

HOOD, Associate Judge. This is an appeal from a judgment in favor of a plaintiff who alleged in his complaint that the defendants had maliciously, wrongfully and unlawfully, evicted him from a room rented by him from them. It was established at the trial that plaintiff had been a roomer in a rooming house operated by defendants; that on February 9, 1946, defendants padlocked the door to plaintiff's room and refused him access to it, claiming that he was in arrears for two weeks' rent. Plaintiff claimed he had paid the rent for one of the weeks in dispute and had tendered the rent for the other week and that defendants had refused to accept it. Defendants denied both the payment and tender.