Cheney v. J. R. Newberry & Co.
California Supreme Court
Appeal from a judgment of the Superior Court of San Bernardino County. Action for unlawful detainer. The complaint, in addition to the averments mentioned in the opinion, alleged that on the 24th day of April, 1884, the plaintiff notified the defendants, that if they continued to occupy the leased premises after the 1st day of June, 1884, the rent would be raised to $100 per month; that the defendants did so continue in occupation for several months, and refused, after a…
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Appeal from a judgment of the Superior Court of San Bernardino County. Action for unlawful detainer. The complaint, in addition to the averments mentioned in the opinion, alleged that on the 24th day of April, 1884, the plaintiff notified the defendants, that if they continued to occupy the leased premises after the 1st day of June, 1884, the rent would be raised to $100 per month; that the defendants did so continue in occupation for several months, and refused, after a three-days demand so to do, either to pay the increased rent or surrender possession of the premises. The demurrer of the…
1Opinion of the CourtRoss, J.
The demurrer to the complaint was properly sustained. The complaint alleges that on the 1st of June, 1883, under a written contract for a lease of a certain lot of land for the term of three years, at a rental of $66.66 per month, payable in advance, the defendants entered into possession of the premises. That on the 27th of September, 1883, being still in possession, defendants notified plaintiff “that they rescinded and cancelled the contract for a lease aforesaid and refused to be bound by it.” That defendants continued to occupy the premises, “ and plaintiff elected to receive from them…
2Cited by9 opinions
- Wolfsen v. HathawayCalifornia Supreme Court · 1948
- Levin v. SaroffCalifornia Court of Appeal · 1921
- Pacific Improvement Co. v. JonesCalifornia Supreme Court · 1912
- In re Farmers' Supply Co.District Court, S.D. Ohio · 1909
- Derrick v. C. W. R. Ford Co.California Court of Appeal · 1915
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