Skaggs v. Emerson
California Supreme Court
Appeal from the County Court, Sonoma County. The plaintiff, on the 15th clay of April, 1872, by lease in writing, demised to the defendant for the term of one year from the 1st day of May, 1872, with the privilege of two years, the premises known as the “Skaggs Springs,” northwest of Healdsburg, in Sonoma County, State of California, to include the hotel building, cottages, corrals, and half the bam; also, the small fenced field (about ten acres), southwest t)f the hotel,…
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Appeal from the County Court, Sonoma County. The plaintiff, on the 15th clay of April, 1872, by lease in writing, demised to the defendant for the term of one year from the 1st day of May, 1872, with the privilege of two years, the premises known as the “Skaggs Springs,” northwest of Healdsburg, in Sonoma County, State of California, to include the hotel building, cottages, corrals, and half the bam; also, the small fenced field (about ten acres), southwest t)f the hotel, and the garden and orchard at the hotel; the defendant agreeing to pay therefor one hundred and fifty dollars per month.…
1Opinion of the Court
By the Court, McKinstry, J.:
We shall assume that the demand on notice of the 18th of September, 1873, was in proper time.
*6It is not necessary to inquire whether the plaintiff would be entitled, in any form of action, to recover the possession of the portion of the premises admitted to have been retained by defendant; for it is clear that he should not have judgment in this action unless the lease was forfeited by defendant’s failure to pay rent, the notice and demand. Upon the forfeiture the plaintiff must rest as his ground for any judgment, and he claims that the forfeiture arose from…
2Cases cited1 opinion
- Camarillo v. FenlonCalifornia Supreme Court · 1874
3Cited by21 opinions
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