Folsom v. Perrin & Dodge
California Supreme Court
Appeal from the Sixth Judicial District, Sacramento County. The appellant Folsom brought this suit for the recovery of $1200 alleged to be due from defendants for rent. The lease given in evidence was, for two years, of the described premises, and signed by the respondents, and by one Brace as the agent of the appellant, who had no written authority to execute the lease. The case was tried by a jury, who found for the appellant; and respondent appealed.
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Appeal from the Sixth Judicial District, Sacramento County. The appellant Folsom brought this suit for the recovery of $1200 alleged to be due from defendants for rent. The lease given in evidence was, for two years, of the described premises, and signed by the respondents, and by one Brace as the agent of the appellant, who had no written authority to execute the lease. The case was tried by a jury, who found for the appellant; and respondent appealed. The only point considered in this Court was, whether a lease for two years would be good, executed by an agent, without written authority…
1Opinion of the Court
The opinion of the Court was delivered by Heydeefelbt, *604Justice; Murray, Chief Justice, and Anderson, Justice, concurring.
The 6th section of the Statute of Frauds declares “ no estate or interest in lands, other than leases for a term, not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto shall hereafter be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful…
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