Jungerman v. Bovee
California Supreme Court
Appeal from the Twelfth District. Suit brought Oct. 18th, 1859, to enjoin defendants from removing a brick building erected on a lot within the Government Reserve in San Francisco.
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Appeal from the Twelfth District. Suit brought Oct. 18th, 1859, to enjoin defendants from removing a brick building erected on a lot within the Government Reserve in San Francisco. The complaint alleges that on the sixth day of December, 1856, Edward Field leased to defendants, Bovee and Marden, a certain lot of land situated on the north-west corner of Oregon and Front streets, in San Francisco, fronting thirty feet on Front street by a uniform depth of one hundred and thirty-seven and a half feet on Oregon street, with the appurtenances, from the fifteenth day of December, 1856, for the…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
1. This case is not brought within the principle of Friedman v. Macey. (17 Cal. 226.) The lease in this case seems to be full and explicit in its terms, and these regulate and determine the rights of the parties. The fact that former leases contained different terms, or gave the lessees other rights,-is immaterial; for,by the express terms of this lease, the premises are to be surrendered at the expiration of the term—“ reasonable use and wear thereof, and damages by the. elements excepted.” The inference from the new contract, and from the change of the terms of the…
2Cases cited1 opinion
- Friedman v. MacyCalifornia Supreme Court · 1861
3Cited by10 opinions
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1888
- Lake v. BenderNevada Supreme Court · 1884
- Watriss v. First National Bank of CambridgeMassachusetts Supreme Judicial Court · 1878
- Enyeart v. DavisNebraska Supreme Court · 1885
- Hedderich v. SmithIndiana Supreme Court · 1885
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