Cummings v. Stewart
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Santa Cruz. On the 12th of October, 1869, Strahle & Hughes leased certain billiard tables to McEwen for one year, under a writ-' ten agreement that he should pay them a monthly rent óf forty-three dollars and eighty-four cents, and at the end of the year should have the right to purchase the property for the sum of five dollars.
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Appeal from the District Court of the Third Judicial District, County of Santa Cruz. On the 12th of October, 1869, Strahle & Hughes leased certain billiard tables to McEwen for one year, under a writ-' ten agreement that he should pay them a monthly rent óf forty-three dollars and eighty-four cents, and at the end of the year should have the right to purchase the property for the sum of five dollars. On the 12th day of July, 1870, McEwen sold the tables to one Otto, informing him that fifty-three dollars and eighty-seven cents of the rent rer mained unpaid. In the same month Otto sold the…
1Opinion of the Court
By the Court, Wallace, J.:
The Court below found that the’ title to the personal property sued for was in Strahle & Hughes, and was vested in Cummings by the transfer they made to him in July, 1870, and that it had never vested in McEwen, Otto, or the defendant, Stewart; that Cummings, after the transfer to him, and before commencing the action, demanded of the defendant the possession of the property, hut the latter refused to comply with the demand; that the rent due upon the lease had not been paid according to its terms; that Otto, from whom the-defendant derived the property, had tendered…
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