Wickson v. Monarch Cycle Manufacturing Co.
California Supreme Court
The facts are stated in the opinion. Daniel Titus, Louis Titus, and Bigelow & Titus, for Appellant. The agreement was good at common law, and is good in this state unless invalidated by the statute. (Civ. Code, sec. 1622.) In this state the provision for an oral lease for one year omits the words “from the making thereof,” and an oral lease to commence in futuro is therefore valid.
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The facts are stated in the opinion. Daniel Titus, Louis Titus, and Bigelow & Titus, for Appellant. The agreement was good at common law, and is good in this state unless invalidated by the statute. (Civ. Code, sec. 1622.) In this state the provision for an oral lease for one year omits the words “from the making thereof,” and an oral lease to commence in futuro is therefore valid. The oral agreement not to be performed within one year, and the oral lease refer to different subjects, and the former never controlled the latter under the English statute of frauds, or generally in this country.…
1Opinion of the Court
COOPER, C.
This is an appeal hy plaintiff from a judgment in favor of defendant, and comes here on the judgment-roll and a bill of exceptions. It appears from the evidence offered by plaintiff that on the twenty-eighth day of December, 1895, plaintiff and defendant entered into a parol agreement, by the terms of which plaintiff agreed to let to defendant certain premises on Front street, in the city and county of San Francisco, for the term of one year from January 1, 1896, at the monthly rent of two hundred dollars per month, and ten per cent on all retail sales to be made by defendant.…
2Cases cited13 opinions
- Young v. . DakeNew York Court of Appeals · 1851
- Steininger v. WilliamsSupreme Court of Georgia · 1879
- Johnson v. AlbertsonSupreme Court of Minnesota · 1892
- Huffman v. StarksIndiana Supreme Court · 1869
- Wolf v. DozerSupreme Court of Kansas · 1879
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3Cited by11 opinions
- Gressley v. WilliamsCalifornia Court of Appeal · 1961
- Fisher v. ParsonsCalifornia Court of Appeal · 1963
- Dallman Co. v. Southern Heater Co.California Court of Appeal · 1968
- McClure v. CeratiCalifornia Court of Appeal · 1948
- Sullivan v. BryantSupreme Court of Oklahoma · 1913
6 more not listed; retrieve them via the Exa API.