Pico v. Cuyas
California Supreme Court
Appeal from the County Court, County of Los Angeles. This is the second appeal in the above cause. The first is reported in 47 Cal. 180, where the facts are stated. Upon the reversal of the judgment, and the granting of a new trial as stated in the opinion in 47 Cal. • and when the remittitur had been filed with the Clerk of the Court below, the defendant moved to be restored to the possession of the hotel.
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Appeal from the County Court, County of Los Angeles. This is the second appeal in the above cause. The first is reported in 47 Cal. 180, where the facts are stated. Upon the reversal of the judgment, and the granting of a new trial as stated in the opinion in 47 Cal. • and when the remittitur had been filed with the Clerk of the Court below, the defendant moved to be restored to the possession of the hotel. He had, when the judgment in favor of Pico was rendered, been turned out of possession under a writ of restitution, and Pico had rented the hotel to one Knowlton, who took the lease with…
1Opinion of the Court
By the Court :
In Pico v. Cuyas (47 Cal. 175), this Court saicl: “ We do not think that the effect of the contract proven was to change or modify the terms of the lease, or to work a surrender of it. The two contracts are entirely separate and distinct.” This was adopted as the law of the present case. (Pico v. Cuyas, 47 Cal. 180.) The Court below, therefore, was not authorized to assume that the law was otherwise, because of a statement in an affidavit that the defendant claimed that “the so-called lease was wholly suspended and set aside by the alleged contract of copartnership.” But if it…
2Cases cited1 opinion
- Pico v. CuyasCalifornia Supreme Court · 1873
3Cited by9 opinions
- Union Oil Co. v. ChandlerCalifornia Court of Appeal · 1970
- Powell v. D. S. & G. R. R.Oregon Supreme Court · 1886
- Nork v. Pacific Coast Medical Enterprises, Inc.California Court of Appeal · 1977
- Schubert v. BatesCalifornia Supreme Court · 1947
- Kessler v. BridgeCalifornia Court of Appeal · 1958
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