Opera House & Art Bldg. Ass'n v. Bert
California Supreme Court
Appeal from the County Court, City and County of San Francisco. The plaintiff, on the 31st day of March, 1875, leased to defendant Bert, for the term of five years, the theater on Mission Street known as Wade’s Opera House, the term to commence on the 17th day of January, 1876. Bert, on the 2nd day of August, 1876, sublet to defendant McDonald. The plaintiff served a notice in writing to deliver possession, but did not require a performance of the covenant.
Read the full summary
Appeal from the County Court, City and County of San Francisco. The plaintiff, on the 31st day of March, 1875, leased to defendant Bert, for the term of five years, the theater on Mission Street known as Wade’s Opera House, the term to commence on the 17th day of January, 1876. Bert, on the 2nd day of August, 1876, sublet to defendant McDonald. The plaintiff served a notice in writing to deliver possession, but did not require a performance of the covenant. The plaintiff recovered judgment, and the defendants appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court :
The action is forcible detainer, brought upon the third subdivision of sec. 1161 of the Code of Civil Procedure, which reads as follows : “ A tenant of real property for a term less than life is guilty of an unlawful detainer: * * * 8. When he continues in possession, in person or by sub-tenants, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held than the one for the payment of rent; and three days’ notice, in writing, requiring the performance of such conditions or covenants, or the possession of the…
2Cited by8 opinions
- Jameson v. Chanslor-Canfield Midway Oil Co.California Supreme Court · 1917
- Harris v. BissellCalifornia Court of Appeal · 1921
- Roberts v. Second Judicial District Court ex rel. County of WashoeNevada Supreme Court · 1920
- Webb v. JonesCalifornia Court of Appeal · 1927
- Hinman v. WagnonCalifornia Court of Appeal · 1959
3 more not listed; retrieve them via the Exa API.