Elkins National Bank v. Nefflen

Hatcher, President,

dissenting:

In the final analysis, the majority opinion rests solely on Skaggs v. Elkus, (1872) 45 Cal. 154. True, the majority opinion quotes 16 R. C. L. 616, but that text cites only Kaufman v. Mastin, supra, which in turn refers to the authorities cited in White v. Sohn, supra, and Skaggs v. Elkus is the reliance of White v. Sohn. The lease in the latter case was for two periods of one and twenty-four months, respectively, at a monthly rental of $60.00 ; and the lease expressly provided that the tenancy was not from year to year. The opinion said: “The law gives no…