Morrison v. Rossignol
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, San Francisco County. Bill for a specific performance. Action tried by the Court below on an agreed statement of facts. The points in controversy are found distinctly stated in the opinion of the Court.
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
A covenant for a lease to be renewed indefinitely at the option of the lessee, is, in effect, the creation of a perpetuity; it puts it in the power of one party to renew for ever, and is therefore against the policy of the law.
Another and substantial objection to the enforcement of the clause of renewal in the lease disclosed by the record, consists in the want of any certain basis for the ascertainment of the rent to be paid. It says the rent shall be stipulated according to the value of the property. But who is to fix the value of the property ? Certainly each party…
2Cited by22 opinions
- Ablett v. ClausonCalifornia Supreme Court · 1954
- Agard v. ValenciaCalifornia Supreme Court · 1870
- Walker v. KeithCourt of Appeals of Kentucky (pre-1976) · 1964
- Magee v. McManusCalifornia Supreme Court · 1886
- Diffenderfer v. Board of President of St. Louis Public SchoolsSupreme Court of Missouri · 1894
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