Levitzky v. Canning
California Supreme Court
On the 3d day of March, 1862, James Canning, the appellant, by a lease in writing, demised to David Levitzky, the respondent, a brick building and lot on the corner of Third and Minna streets, City and County of San Francisco, for the term of three years from that date.
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On the 3d day of March, 1862, James Canning, the appellant, by a lease in writing, demised to David Levitzky, the respondent, a brick building and lot on the corner of Third and Minna streets, City and County of San Francisco, for the term of three years from that date. The lease contained the following clause : “ After the expiration of this lease, if the party of the first part did not dispose of said premises, the said David Levitzky, party of the second part, has the privilege for two years longer, after the expiration of this lease, for the same rent as first above mentioned.” The…
1Opinion of the Court
By the Court, Sanderson, J.:
It was error to charge the jury that the plaintiff was entitled to recover. Whether he was or not, depended upon whether he had broken the covenants contained in the lease upon which breaches had been assigned; and that was to be determined from the evidence by the jury, under proper instructions as to the law of the case. By its course, the Court took from the jury the principal issue of fact in the case, leaving to them only the labor of assessing the damages. It was charging the jury in respect to matters of fact in the sense of the constitutional prohibition;…
2Cases cited3 opinions
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- International State Bank v. Trinidad Bean & Elevator Co.Supreme Court of Colorado · 1926
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