Kuhn v. Smith
California Supreme Court
APPEAL from a judgment of the Superior Court of Santa Clara County. A. S. Kittredge, Judge. The pleadings and findings disclose that oh the thirteenth day of December, 1897, plaintiffs executed a written lease of a tract of eighteen thousand two hundred and fifteen acres of agrieultural land in the Rancho Yerba Buena in Santa Clara county to the defendant, for a fixed term ending October 1, 1898; that the lease did not provide expressly for a re-entry; that defendant held…
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APPEAL from a judgment of the Superior Court of Santa Clara County. A. S. Kittredge, Judge. The pleadings and findings disclose that oh the thirteenth day of December, 1897, plaintiffs executed a written lease of a tract of eighteen thousand two hundred and fifteen acres of agrieultural land in the Rancho Yerba Buena in Santa Clara county to the defendant, for a fixed term ending October 1, 1898; that the lease did not provide expressly for a re-entry; that defendant held possession during the term, and continued to hold possession thereafter without any further agreement or arrangement,…
1Opinion of the CourtGaroutte, J.
This is an action of ejectment. Plaintiffs, by writing, leased certain agricultural lands to defendant for a fixed, definite period—about ten months. Upon the expiration of the lease defendant refused to give up' possession, and this action was commenced. Plaintiffs commenced the action some six weeks after the lease had expired, and defendant now rests his right of possession upon the claim that after the expiration of the lease he became a tenant at will, and by virtue of such tenancy he was entitled to a notice of thirty days (Code Civ. Proc., sec. 1162) before action could be brought to…
2Cases cited3 opinions
- Canning v. FibushCalifornia Supreme Court · 1888
- McKissick v. AshbyCalifornia Supreme Court · 1893
- Perine v. TeagueCalifornia Supreme Court · 1885
3Cited by7 opinions
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- Hirzel v. SilkerSupreme Court of Delaware · 1930
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- Ryland v. AppelbaumCalifornia Court of Appeal · 1924
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