Friedman v. Macy
California Supreme Court
Appeal from the Twelfth District. The lease from Keyes to Shillaber was for ten years, from Nov. 27th, 1849, and the clause which governs the rights of the parties is in these words: “ In case the United States shall claim and appropriate any portion or portions of the premises before the expiration of the term of this lease, then in such case the said lessee shall be allowed not less than ninety days to remove the buildings thereupon.
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Appeal from the Twelfth District. The lease from Keyes to Shillaber was for ten years, from Nov. 27th, 1849, and the clause which governs the rights of the parties is in these words: “ In case the United States shall claim and appropriate any portion or portions of the premises before the expiration of the term of this lease, then in such case the said lessee shall be allowed not less than ninety days to remove the buildings thereupon. Or the United States Government may, at its option, purchase the same upon the valuation of three men, selected as aforesaid. And the same conditions…
1Opinion of the CourtCope, J.
Baldwin, J. concurring.
This suit was brought to enjoin the defendant from removing a building erected upon a lot situated in what is known as the Government Reserve, in the city of San Francisco. The case was heard upon the complaint and answer, and an injunction was granted as prayed for in the complaint. For the purposes of the action the matters set up in the answer are to be taken as true. The facts on both sides are clearly and explicitly stated. It appears that in 1849, E. D. Keyes, an officer of the United States Government, executed on behalf of that Government a lease of certain…
2Cited by3 opinions
- Lane Mortgage Co. v. CrenshawCalifornia Court of Appeal · 1928
- Reay v. ReayCalifornia Court of Appeal · 1929
- Jungerman v. BoveeCalifornia Supreme Court · 1861