Skaggs v. Elkus
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, County of Sacramento. The defendant took a written lease from the plaintiff on the 1st day of November, 1865, of the lower story of the El Dorado building, in Sacramento, at a monthly rent of two hundred dollars, payable monthly in advance.
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Appeal from the District Court of the Sixth Judicial District, County of Sacramento. The defendant took a written lease from the plaintiff on the 1st day of November, 1865, of the lower story of the El Dorado building, in Sacramento, at a monthly rent of two hundred dollars, payable monthly in advance. At the expiration of this lease the parties entered into another written lease of a similar character, which expired November 1st, 1869. There was some question about the understanding which the parties had at the expiration of the second lease, about the future occupation of the premises; but…
1Opinion of the Court
By the Court:
It was held here in Blumenberg v. Myers, 32 Cal. 93, that where a lessee for a term of years, rendering rent monthly, obtains from the landlord before the expiration of the term, a receipt for one month’s rent, commencing at the expira*160tion of the original term for years, he thereby becomes a tenant from month to month only.
There is no material distinction perceived between that case and the case at bar. In that ease it is true that the lessee had sublet the premises for a portion of his original term, but it is not perceived that that fact did or could have influenced the…
2Cases cited1 opinion
- Blumenberg v. MyresCalifornia Supreme Court · 1867
3Cited by8 opinions
- Miller v. StultsCalifornia Court of Appeal · 1956
- White v. SohnWest Virginia Supreme Court · 1909
- Swithenbank v. WoodCalifornia Court of Appeal · 1929
- Elkins National Bank v. NefflenWest Virginia Supreme Court · 1936
- Elkins National Bank v. NefflenWest Virginia Supreme Court · 1936
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