Laffan v. Naglee
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. On the ninth of April, 1847, Susannah Hinkley leased toWard and Smith certain premises in San Francisco, for a term of eight years from date, at a rate of $300 per annum.
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Appeal from the Superior Court of the City of San Francisco. On the ninth of April, 1847, Susannah Hinkley leased toWard and Smith certain premises in San Francisco, for a term of eight years from date, at a rate of $300 per annum. The last clause of the lease is as follows: “ The said Susannah Hinkley doth furthermore agree to permit the said Frank Ward and William M. Smith to make and complete any and every addition and improvement they may think fit; all of which said additions and improvements are to he attached to said premises; provided, the said Susannah Hinkley pays a reasonable and…
1Opinion of the Court
Burnett, J., after stating the facts, delivered the opinion of the Court—Terry, C. J., concurring.
The first and most important question arising in this case is, whether, by the legal effect of the assignment, the right to purchase the fee of Smith and wife passed to Laffan and Ííaglee ?
It is insisted by the learned counsel for the defendant that this presltinptive right was a personal privilege, appertaining alone to the first lessees, and not assignable by the terms of the original lease; that it “ was a mere possibility; it was an intangible, uninforcible obligation j it was, for any…
2Cases cited3 opinions
- Von Horne v. CrainNew York Court of Chancery · 1829
- Jackson ex dem. Lewis v. SchutzNew York Supreme Court · 1820
- Jackson ex dem. Loucks v. ChurchillNew York Supreme Court · 1827
3Cited by15 opinions
- Vai v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1961
- Bewick v. MechamCalifornia Supreme Court · 1945
- Menger v. WardTexas Supreme Court · 1895
- Chapman v. Great Western Gypsum Co.California Supreme Court · 1932
- Moore v. KirganCourt of Appeals of Texas · 1952
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