The case involved a tenant suing his landlord for breaching a lease covenant guaranteeing quiet and peaceable enjoyment of the premises for a five-year term. The tenant alleged that the landlord publicly claimed the tenant had no right to possession and filed two lawsuits against the tenant and his subtenants to recover the property after the initial three-year period, causing the subtenants to vacate, preventing re-renting, and forcing the tenant to incur defense costs. The trial court directed a verdict for the tenant on liability and allowed recovery of costs and fees as damages. The Supreme Court of California held that these actions amounted to a breach because they molested and disturbed the tenant's possession to his prejudice, even without a physical eviction or paramount title claim, and affirmed the denial of a new trial, finding any instructional error harmless given the evidence. The court further ruled that good-faith belief by the landlord did not excuse the breach and that litigation expenses were recoverable damages.

property