Randol v. Tatum
California Supreme Court
Appeal from an order of the Superior Court of the City and County of San Francisco granting a new trial. The facts are stated in the opinion.
1Opinion of the Court
Temple, C.
Plaintiff appeals from an order granting defendants a new trial.
*393The action is against sureties upon a bond given by the lessee to recover rent for the period of nine months, in the payment of which it is alleged default has been made. Defendants claim that the rent has been duly tendered month by month as it fell due, and therefore there has been no default.
There was a covenant in the lease to the effect that the lessee would not assign without the written consent of the lessor; also, a condition that if default were made the landlord might reenter and take possession without…
2Cases cited1 opinion
- Webster v. NicholsIllinois Supreme Court · 1882
3Cited by30 opinions
- Trubowitch v. Riverbank Canning Co.California Supreme Court · 1947
- Rumbin v. Utica Mutual InsuranceSupreme Court of Connecticut · 2000
- German-American Sav. Bank v. GollmerCalifornia Supreme Court · 1909
- Johnston v. LanducciCalifornia Supreme Court · 1942
- Chapman v. Great Western Gypsum Co.California Supreme Court · 1932
25 more not listed; retrieve them via the Exa API.