Ramirez v. McCormick
California Supreme Court
Appeal from the Tenth Judicial District. The plaintiff leased to the defendant the first story of a building to be erected. He reserved to himself eight feet in width by thirty in depth. The cellar was to be finished by the plaintiff, and the first story was then to be erected by the defendant. The plaintiff had the privilege, by the lease, of building additional stories for his own benefit.
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Appeal from the Tenth Judicial District. The plaintiff leased to the defendant the first story of a building to be erected. He reserved to himself eight feet in width by thirty in depth. The cellar was to be finished by the plaintiff, and the first story was then to be erected by the defendant. The plaintiff had the privilege, by the lease, of building additional stories for his own benefit. The eight feet reserved gave him access to the cellar, but finding that he could have a better entrance to the cellar at another place, he attempted to make the entrance there, and being prevented by the…
1Opinion of the Court
*Mr. Justice Heydenfeldt
[246] delivered the opinion of the Court.
Mr. Ch. J. Murray concurred.
There is no stipulation in the lease as to the point at which the plaintiff may have an entrance to the cellar, nor indeed is anything said about it. He is certainly to have the use and enjoyment of the cellar, and if no part of the premises within reach of the cellar had been reserved to him, the only question would be, whether the point selected would be least injurious to the. defendants. But in express terms he has reserved a space of eight feet in width at one end of the building, Jkom which…
2Cited by1 opinion
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