Legal Opinion

Kower v. Gluck

California Supreme Court

Decided October 15, 1867PublishedCited by 8 opinions

Appeal from the County Court, City and County of San Francisco. The basement of the building contained a greater amount of room than was rented to defendants, hut the part rented by defendants commanded the only access to it.

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Appeal from the County Court, City and County of San Francisco. The basement of the building contained a greater amount of room than was rented to defendants, hut the part rented by defendants commanded the only access to it. Plaintiffs claimed that they could not rent this without having possession of the part demised to defendants, and that they could have rented the whole together for one hundred and fifty dollars or two hundred dollars per month, while the demised premises only brought much less. On the trial, plaintiffs were allowed damages for losing this additional rent. The other…

1Opinion of the Court

By the Court, Currey, C. J.:

This action was brought in the County Court of the City and County of San Francisco, under the Act concerning forcible entries and unlawful detainers. The plaintiffs leased to the defendants, Gluck and Hansen, the basement of the premises at the corner of Sutter and Kearny streets, San Francisco, consisting of twenty feet on Kearny street and fifty-seven feet on Sutter street, for the term of one year, commencing the 1st of February, 1866. Subsequent to the date of the lease, and on the day of the commencement of the term, the same defendants covenanted and agreed…

2Cases cited1 opinion

  1. Hunt v. ComstockNew York Supreme Court · 1836

3Cited by8 opinions

  1. Coburn v. GoodallCalifornia Supreme Court · 1887
  2. Knowles v. ThompsonCalifornia Supreme Court · 1901
  3. Pierce v. BirkholmCalifornia Supreme Court · 1896
  4. Anderson v. TaylorCalifornia Supreme Court · 1880
  5. Jackson v. DolanCalifornia Supreme Court · 1927

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