Playter v. Cunningham
California Supreme Court
Appeal from the Twelfth Judicial District. The facts are sufficiently stated in the opinion of the Court.
1Opinion of the CourtCope, J.
Field, C. J. and Norton, J. concurring.
In April, 1860, the defendant executed to the plaintiff and one Berring a lease of certain premises in the city of San Francisco, for one year, commencing on the first of August. Berring assigned his interest to the plaintiff, and at the proper time the plaintiff tendered the rent and demanded possession of the premises, but was prevented from entering by one Reed, who was in possession, claiming to hold under a prior lease. The action is brought upon a covenant in the lease for quiet enjoyment, and the question is, whether the defendant was bound by the…
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