Dewey v. Gray, Whipply & Co.
California Supreme Court
This was an appeal from the Sixth Judicial District. The complaint sets forth that the plaintiffs on the 21st February, 1850, leased to the defendants for the term of one year the lower floor of the Sutter Hotel, in Sacramento city, at the yearly rent of $36,000, payable monthly, in sums of $3000 each, which defendants covenanted to pay, &c., in which they failed, and are indebted to the plaintiffs $6,531.83, which they refuse to pay, &c.; and plaintiffs ask judgment for the…
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This was an appeal from the Sixth Judicial District. The complaint sets forth that the plaintiffs on the 21st February, 1850, leased to the defendants for the term of one year the lower floor of the Sutter Hotel, in Sacramento city, at the yearly rent of $36,000, payable monthly, in sums of $3000 each, which defendants covenanted to pay, &c., in which they failed, and are indebted to the plaintiffs $6,531.83, which they refuse to pay, &c.; and plaintiffs ask judgment for the said sum with interest, &c. The defendants answer, and admit the lease of the premises, but aver that previous to the…
1Opinion of the Court
Heydeneeldt, Justice.
When this case was here before, the Court decided that if a landlord entered upon his tenant’s premises without his consent, before the expiration of the lease, and re-let the premises to another, such entry and re-letting discharged the tenant from his covenant, except as to such part of the rent as had accrued at the time of the re-entry, which the landlord was entitled to recover.
The latter portion of that decision is in abrogation of one of the plainest principles of law; and if this case was a new one, I would not hesitate to overrule it. But legal rules deprive us…
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