Larney v. Mooney
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Sacramento. The defendant, on the 23d of April, 1872, leased to the plaintiffs for three years, the Brooklyn Hotel, in the city of Sacramento. Soon after the date of the lease, the defendant purchased the lot on the south side of the leased premises and erected a brick building thereon, by which he closed up several windows in the south wall of the Brooklyn Hotel.
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Appeal from the District Court, Sixth Judicial District, County of Sacramento. The defendant, on the 23d of April, 1872, leased to the plaintiffs for three years, the Brooklyn Hotel, in the city of Sacramento. Soon after the date of the lease, the defendant purchased the lot on the south side of the leased premises and erected a brick building thereon, by which he closed up several windows in the south wall of the Brooklyn Hotel. There was a covenant in the lease that the lessees should peaceably and quietly have, hold and enjoy the demised premises for the term. This was an action to recover…
1Opinion of the Court
By the Court:
The fifth subdivision of the complaint is that “the defendant did then and there wrongfully and unlawfully enter upon said premises and close up said several windows.” The denial is only that the defendant “wrongfully and unlawfully, after the execution of said lease, entered upon the said premises, and closed up said several windows,” etc.
The seventh subdivision of the complaint is, “for that the said defendant did wrongfully and unlawfully enter upon said hotel and premises, and upon the south wall of said building did there and then build an additional wall, ” etc. The denial…
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- Curtiss v. LivingstonSupreme Court of Minnesota · 1886
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