Dowd v. Clarke
California Supreme Court
Appeal from a judgment for the defendant, and an order denying a new trial, in the Fifteenth District Court, City and County of San Francisco. Dwinelle, J. A tender was made to the defendant by the plaintiff, of the principal sum due, but not of the interest. The other facts are stated in the opinion.
1Opinion of the Court
By the Court:
As we construe the lease of March 27th, 1866, it provides: 1st. That the lessee may elect to purchase at any time during the term, in which event he shall pay to the lessor during the term, the sum of $6,000 in gold coin, with interest from the date of the lease at the rate of one per cent, per month, and any payments, which in the meantime shall have been made for rent, shall be credited on the interest; 2nd. That if the lessee elects to purchase, he shall also pay, in addition to the principal and interest, whatever sum shall, in the meantime, have been levied on the land and…
2Cited by8 opinions
- Smith v. Phœnix InsuranceCalifornia Supreme Court · 1891
- Group Property Inc. v. BruceCalifornia Court of Appeal · 1952
- Merrill v. MerrillCalifornia Supreme Court · 1892
- Sheplar v. GreenCalifornia Supreme Court · 1892
- Lundblade v. BoyesCalifornia Court of Appeal · 1929
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