Gage v. Bates
California Supreme Court
Appeal from tbe County Court of San Joaquin County. Tbe facts are stated of opinion. To constitute a forfeiture for non-payment of rent at common law, it was requisite, among other things, that tbe demand should have been for tbe precise sum due. (1 Saunders Bep. 287, note 16; 1 Leon, 305; Fabain and "Windsor’s case, Cro. Eliz. 209; Chipmcm v. Fhneric; 3 Cal. 273; GasJdllv.
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Appeal from tbe County Court of San Joaquin County. Tbe facts are stated of opinion. To constitute a forfeiture for non-payment of rent at common law, it was requisite, among other things, that tbe demand should have been for tbe precise sum due. (1 Saunders Bep. 287, note 16; 1 Leon, 305; Fabain and "Windsor’s case, Cro. Eliz. 209; Chipmcm v. Fhneric; 3 Cal. 273; GasJdllv. Trainer, Id. 334). Section 5 of tbe Act of May 27, 1863, does not change tbe rule, that tbe demand must be made for tbe precise sum due in order to work forfeiture, however much it may have changed tbe common law rule in…
1Opinion of the Court
Temple, J.,
delivered the opinion of the Court, "Wallace, J"., Rhodes, C. J., and Spbague, J., concurring:
The complaint, which was to enforce a forfeiture for the non-payment of rent, and to recover the demised premises, avers that* “on the 2d day of duly, 1868, plaintiff duly notified defendant, in writing, that he was in arrears of rent, and on said day, in writing, demanded payment of rent then due.” This complaint is demurred to, on the ground that it does not state facts sufficient to constitute a cause of action, and the particular point of the demurrer is that the complaint does not…
2Cases cited1 opinion
- Chipman v. EmericCalifornia Supreme Court · 1853
3Cited by17 opinions
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- Baugh v. Consumers Associates, Ltd.California Court of Appeal · 1966
- WDT-WINCHESTER v. NilssonCalifornia Court of Appeal · 1994
- J. B. Hill Co. v. PinqueCalifornia Supreme Court · 1919
- Johnson v. SanchesCalifornia Court of Appeal · 1942
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