Polack v. Pioche
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 17th day of October, 1859, the plaintiff demised to the defendant, for the term of three years, a residence and tract of land on which the same was built, in the City of San Francisco, on the road leading from the Mission Dolores to the San Souci, receiving therefor a monthly rent of one hundred dollars, payable monthly, in advance.
Read the full summary
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 17th day of October, 1859, the plaintiff demised to the defendant, for the term of three years, a residence and tract of land on which the same was built, in the City of San Francisco, on the road leading from the Mission Dolores to the San Souci, receiving therefor a monthly rent of one hundred dollars, payable monthly, in advance. The defendant recovered judgment, and the plaintiff appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sanderson, J.:
This is an action to recover damages for the nonperformance of a covenant to repair. By the terms of the covenant “damages by the elements or acts of Providence” are excepted from its operation.
The case was tried by the Court below without a jury, and has been brought here upon the findings only, it being claimed that the conclusions of law, which were in favor of the defendant, are erroneous.
The facts upon which the case turns were found by the Court below substantially as follows: During the term the demised premises were damaged to the amount of six thousand…
2Cases cited3 opinions
- McArthur v. SearsNew York Supreme Court · 1839
- Merritt v. . EarleNew York Court of Appeals · 1864
- Turner v. Tuolumne County Water Co.California Supreme Court · 1864
3Cited by42 opinions
- Salisbury v. HerchenroderMassachusetts Supreme Judicial Court · 1871
- Fuchs Murane v. GoeWyoming Supreme Court · 1945
- Realty & Rebuilding Co. v. ReaCalifornia Supreme Court · 1920
- California Development Co. v. New Liverpool Salt Co.Court of Appeals for the Ninth Circuit · 1909
- Chidester v. Consolidated Ditch Co.California Supreme Court · 1881
37 more not listed; retrieve them via the Exa API.