Legal Opinion

Randol v. Scott

California Supreme Court

Decided December 26, 1895No. 15910PublishedCited by 28 opinions

Appeal from a judgment .of the Superior Court of Santa Clara County. John Raymond, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtMcFarland, J.

A demurrer to the amended complaint was sustained; plaintiff declined to further amend; and judgment was rendered for defendants. Plaintiff appeals from the judgment.

The action is to recover possession of land leased by the plaintiff, upon the ground that certain covenants of the lessees have not been kept—substantially a bill to declare the forfeiture of a lease. The provision for the forfeiture is that “ if default shall be made in any of the covenants herein contained, then it shall be lawful for the lessor to re-enter the said premises.”

The term of the lease was ten years from the first…

2Cases cited3 opinions

  1. Jackson ex rel. Stevens v. SilvernailNew York Supreme Court · 1818
  2. Lynde v. HoughNew York Supreme Court · 1857
  3. Hasbrook v. PaddockNew York Supreme Court · 1847

3Cited by28 opinions

  1. Trubowitch v. Riverbank Canning Co.California Supreme Court · 1947
  2. Chapman v. Great Western Gypsum Co.California Supreme Court · 1932
  3. Jameson v. Chanslor-Canfield Midway Oil Co.California Supreme Court · 1917
  4. Straus v. North Hollywood Hospital, Inc.California Court of Appeal · 1957
  5. Laguna Royale Owners Assn. v. DargerCalifornia Court of Appeal · 1981

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