Gaskill v. Trainer
California Supreme Court
Appeal from the Fourth Judicial District. The complaint sets forth, that on the 21st May, 1852, the plaintiff, and defendant, Trainer, entered into a written agreement, whereby the plaintiff contracted to furnish materials, and to do the brickwork of a house, to be erected by defendant, on a lot, on the corner of Front Street, in San Francisco, of which said defendant was then lessee ; the defendant, by the terms of the contract, agreed to pay the plaintiff, for the…
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Appeal from the Fourth Judicial District. The complaint sets forth, that on the 21st May, 1852, the plaintiff, and defendant, Trainer, entered into a written agreement, whereby the plaintiff contracted to furnish materials, and to do the brickwork of a house, to be erected by defendant, on a lot, on the corner of Front Street, in San Francisco, of which said defendant was then lessee ; the defendant, by the terms of the contract, agreed to pay the plaintiff, for the materials and work to be furnished and executed, $6600,- as the work pro-grossed, as set forth in the complaint; and plaintiff…
1Opinion of the CourtHeydenfeldt, Justice
Wells, Justice, concurred.
The first proposition of the respondent is correctly stated, that Gaskill’s lien attached only on Trainer’s leasehold interest, subject to all the conditions of the lease from Moor to Trainer.
From this it is attempted to be deduced, that as by the terms of the lease, it was to be forfeited upon non-payment of rent, the failure of the lessee to pay, destroyed the lien of the plaintiff.
This would be only true, if there had been a technical forfeiture. The failure to pay, cannot alone create one. There was an equal necessity that a formal demand for the rent should *340have…
2Cited by20 opinions
- Williams v. VanderbiltIllinois Supreme Court · 1893
- Dobschuetz v. HollidayIllinois Supreme Court · 1876
- Baugh v. Consumers Associates, Ltd.California Court of Appeal · 1966
- J. B. Hill Co. v. PinqueCalifornia Supreme Court · 1919
- Cornelius v. Washington Steam LaundryWashington Supreme Court · 1909
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