Young v. Polack
California Supreme Court
Appeal from the Fourth Judicial District. The material facts of this case appear to be, that the plaintiff and defendant, in September, 1852, took a joint lease of a lot in San Francisco, stipulating to erect certain buildings thereon, and mutually to provide funds for the purpose, and mutually to pay as the buildings advanced. The ground rent reserved was $400 per month.
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Appeal from the Fourth Judicial District. The material facts of this case appear to be, that the plaintiff and defendant, in September, 1852, took a joint lease of a lot in San Francisco, stipulating to erect certain buildings thereon, and mutually to provide funds for the purpose, and mutually to pay as the buildings advanced. The ground rent reserved was $400 per month. The lease was to continue five years, with the privilege of renewal, and it contained a stipulation in the event of the buildings being destroyed by fire or otherwise, that they should be rebuilt by the lessees, and further…
1Opinion of the CourtHeydenfeldt, Justice
Wells, Justice, concurred.
The plaintiff and defendant were joint tenants of an estate for years, and this bill was filed to compel the defendant to contribute for improvements made by plaintiff on the joint property.
The object of the appeal seems to be, to deprive the defendant of his interest in the lease. This of course it is impossible to do. The court below has gone very far, in rendering all the relief to which the plaintiff is entitled, and there is certainly nothing in the decree which can be the subject of complaint on his part.
The judgment is affirmed, with costs.
2Cited by3 opinions
- Drake v. De WittCalifornia Court of Appeal · 1905
- Atwood v. Little Bonanza Quicksilver Co.California Court of Appeal · 1910
- O'Steen v. CraigCalifornia Court of Appeal · 1956