Potter v. Mercer
California Supreme Court
Appeal from the County Court of the City and County of San Francisco. The action was for forcible detainer, brought under subd. 2 of sec. 1160 of the Code of Civil Procedure. The plaintiffs claimed to have rented a store on Post Street, which was the property of the Mechanics’ Institute.
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Appeal from the County Court of the City and County of San Francisco. The action was for forcible detainer, brought under subd. 2 of sec. 1160 of the Code of Civil Procedure. The plaintiffs claimed to have rented a store on Post Street, which was the property of the Mechanics’ Institute. The plaintiffs allege in their complaint that while in the actual, quiet, and undisturbed possession of the premises, the defendants unlawfully entered the same, and have ever since with force withheld possession from them. This is denied by the defendants, who claim that they entered the premises lawfully…
1Opinion of the Court
By the Court, Crockett, J.:
The most important question on this appeal is, whether the verbal agreement which one of the plaintiffs testified was entered into on the 27th day of September, was a lease in presentí for a term of one year, to commence on the 1st day of October next ensuing, or whether it was only an agreement for a written lease to be thereafter executed. There is no conflict in the evidence to the effect that a written lease was to be executed, and that the agents of the lessor refused to make a verbal lease.
F. A. Potter, one of the plaintiffs, on cross-examination, was asked…
2Cases cited7 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- Ford v. . WilliamsNew York Court of Appeals · 1862
- Masten v. DeyoNew York Supreme Court · 1829
- In re BoothWisconsin Supreme Court · 1854
- Jackson ex dem. Hull v. BabcockNew York Supreme Court · 1809
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jordan v. TalbotCalifornia Supreme Court · 1961
- Flickinger v. ShawCalifornia Supreme Court · 1890
- Wheeler v. WestCalifornia Supreme Court · 1886
- Smith v. Royal Ins. Co.Court of Appeals for the Ninth Circuit · 1940
- Emerson v. BerginCalifornia Supreme Court · 1888
11 more not listed; retrieve them via the Exa API.