Legal Opinion

Abbott v. '76 Land & Water Co.

California Supreme Court

Decided January 3, 1891No. 13980PublishedCited by 11 opinions

Appeal from a judgment of the Superior Court of Fresno County. The following facts appear in the findings of the court: The defendant, since July 7, 1882, has been a corporation under the laws of the state of California, and is the owner of large bodies of land situated in the counties of Fresno and Tulare,and of certain waters, canals,.and water rights, by which its lands could be irrigated.

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Appeal from a judgment of the Superior Court of Fresno County. The following facts appear in the findings of the court: The defendant, since July 7, 1882, has been a corporation under the laws of the state of California, and is the owner of large bodies of land situated in the counties of Fresno and Tulare,and of certain waters, canals,.and water rights, by which its lands could be irrigated. The principal business of the corporation is the sale of its lands, with the water and water privileges from its canals, to> such persons as it could induce to buy the same, and also by farm leases on…

1Opinion of the Court

Thornton. J.

The option in plaintiff to buy the land under the lease, or cropping contract, entered into by the plaintiff and defendant, bearing date the seventh day of December, 1885, continued for two years from the first day of October, 1886. It makes no difference that it was not inserted in the second lease. *328It was left out of the second lease hy agreement, as something unnecessary. The defendant had a right to change the purchase price during the execution of the lease, provided it did so prior to the 1st of October of each year. It never did change this price. It therefore remained as…

2Cited by11 opinions

  1. Abbott v. the 76 Land and Water Co.California Supreme Court · 1911
  2. Spaulding v. Yovino-YoungCalifornia Supreme Court · 1947
  3. First Nat'l Fin. Corp. v. Five-O Drilling Co.California Supreme Court · 1930
  4. Sussman v. San Luis Obispo CountyCalifornia Supreme Court · 1899
  5. Abbott v. '76 Land & Water Co.California Supreme Court · 1894

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