Legal Opinion

Alpern v. Mayfair Markets

California Court of Appeal

Decided June 17, 1953No. Civ. 19460PublishedCited by 8 opinions

1Opinion of the Court

VALLÉE, J.

Plaintiffs brought this action for declaratory relief to determine whether a lease entered into by plaintiffs’ assignor as lessor, with defendant as lessee, is subsisting or had been terminated. The answer hinges on whether defendant-lessee exercised an option to terminate the lease within a reasonable time.

The lease was made June 28, 1948, for a term of 25 years. The demised premises consisted of a market building and a parking lot. The lease contained this provision:

“If, during the said term, the premises are destroyed by fire, or other action of the elements, or are partially so…

2Cases cited8 opinions

  1. Lyon v. GossCalifornia Supreme Court · 1942
  2. Lohn v. Fletcher Oil Co., Inc.California Court of Appeal · 1940
  3. Snidow v. HillCalifornia Court of Appeal · 1948
  4. C.O. Bashaw Co. v. A. U. Pinkham Co.California Court of Appeal · 1926
  5. Clovis Fruit Co. v. California Wine Ass'nCalifornia Court of Appeal · 1919

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Central New Haven Development Corporation v. La Crepe, Inc.Supreme Court of Connecticut · 1979
  2. Hastings Realty Corp. v. Texas Co.Wisconsin Supreme Court · 1965
  3. Jozovich v. Central California Berry Growers Assn.California Court of Appeal · 1960
  4. Edelman v. HendersonDistrict Court, Virgin Islands · 1968
  5. Cal-Agrex, Inc. v. TassellDistrict Court, N.D. California · 2009

3 more not listed; retrieve them via the Exa API.

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