Legal Opinion

McAlester v. Landers

California Supreme Court

Decided June 29, 1886No. 9159PublishedCited by 22 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco. The facts are stated in the opinion.

1Opinion of the Court

Belcher, C. C.

The facts out of which this case arose are as follows:—

In August, 1870, the plaintiff leased to P. M. Darcy and Edward Naughton a tract of 515 acres of land, situate in Marin County, for a dairy and stock ranch. The lease was for a term of five years, with a privilege of two months’ extension, and it remained in full force during the whole term named.

In October, 1874, the plaintiff leased to one Mosheimer, a tract of forty-five acres, which embraced twenty acres then leased to and in the possession of Darcy and Naughton, for the purpose of making bricks. The lease to Mosheimer…

2Cases cited5 opinions

  1. Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
  2. Cook v. . SouleNew York Court of Appeals · 1874
  3. Lewis v. PaynNew York Supreme Court · 1830
  4. McGary v. HastingsCalifornia Supreme Court · 1870
  5. Kelsey v. . WardNew York Court of Appeals · 1868

3Cited by22 opinions

  1. Guntert v. City of StocktonCalifornia Court of Appeal · 1976
  2. Kulawitz v. Pacific Woodenware & Paper Co.California Supreme Court · 1944
  3. Petroleum Collections Inc. v. SwordsCalifornia Court of Appeal · 1975
  4. Erlach v. Sierra Asset Servicing, LLCCalifornia Court of Appeal · 2014
  5. El Paso Natural Gas Co. v. Kysar Insurance Agency, Inc.New Mexico Court of Appeals · 1979

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