Schluter v. Harvey
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Tehama, and from an order refusing a new trial. On September 10, 1878, Muth leased to the plaintiff Schluter and one Jens certain fanning lands for a term commencing September 10, 1878, and ending September 1, 1882. By the terms of the lease, the lessees were to pay to the lessor or his assigns, a yearly rent of one thousand five hundred and fifty dollars, the first payment to be made September 1, 1879, and…
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Appeal from a judgment of the Superior Court of the county of Tehama, and from an order refusing a new trial. On September 10, 1878, Muth leased to the plaintiff Schluter and one Jens certain fanning lands for a term commencing September 10, 1878, and ending September 1, 1882. By the terms of the lease, the lessees were to pay to the lessor or his assigns, a yearly rent of one thousand five hundred and fifty dollars, the first payment to be made September 1, 1879, and thereafter one payment on September 1st of each year. To secure the payments, the lessees were to execute a note each year in…
1Opinion of the Court
The Court.
—1. It is urged by appellant that the respondent cannot claim to be a purchaser in good faith and for a valuable consideration, because the cancellation of a pre-existing indebtedness is not a valuable consideration within the meaning of section 1214 of the Civil Code. But it is the law of this State that such pre-existing debt is a valuable consideration. (Frey v. Clifford, 44 Cal. 335.)
2. It is further insisted that the facts showing respondent to be a purchaser for a valuable consideration were not sufficiently pleaded by him. But there was an attempt to plead them, to which no…
2Cases cited1 opinion
- Frey v. CliffordCalifornia Supreme Court · 1872
3Cited by18 opinions
- Riley v. MartinelliCalifornia Supreme Court · 1893
- Foorman v. WallaceCalifornia Supreme Court · 1888
- Popp v. Exchange BankCalifornia Supreme Court · 1922
- Stroud v. ThomasCalifornia Supreme Court · 1903
- Fowles v. National Bank of CaliforniaCalifornia Supreme Court · 1914
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