Coburn v. Goodall
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover damages for the breach of a covenant in a lease, whereby the lessee covenanted to surrender the demised premises, with the improvements thereon, at the expiration of the term.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover damages for the breach of a covenant in a lease, whereby the lessee covenanted to surrender the demised premises, with the improvements thereon, at the expiration of the term. The lease was executed on the 1st of January, 1863, by Loren Coburn, the plaintiff herein, and Jeremiah Clark, as lessors, to James Brennan, for the term of ten years from the 1st of October, 1862, and embraced forty acres of land in San Mateo County, including a…
1Opinion of the CourtPaterson, J.
— It was decided in Coburn v. Ames, 52 Cal. 395, that the wharf and chute were not on the demised premises, were not affixed or appurtenant thereto, and therefore were not “ improvements ” within the meaning of that term as used in the lease. The court held that the plaintiff had no such right to the possession of the land below the line of high water as to enable him to maintain ejectment, and the judgment of the lower court was modified accordingly. Pending the appeal in that case, a receiver was appointed in the trial court to take possession of the property, collect tolls, and manage the…
2Cases cited7 opinions
- Brady v. WilcoxsonCalifornia Supreme Court · 1872
- Coburn v. AmesCalifornia Supreme Court · 1877
- Yount v. HowellCalifornia Supreme Court · 1859
- Sanborn v. BeldenCalifornia Supreme Court · 1876
- San Mateo Waterworks v. SharpsteinCalifornia Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Lineman v. SchmidCalifornia Supreme Court · 1948
- Carlson v. LindauerCalifornia Court of Appeal · 1953
- Courteney v. Standard Box Co.California Court of Appeal · 1911
- Samuels v. SingerCalifornia Court of Appeal · 1934
25 more not listed; retrieve them via the Exa API.