McLarren v. Spalding
California Supreme Court
Appeal from the Sixth Judicial District, for the County of Sacramento. The complaint sets forth a lease, dated the 14th day of May, 1851, by which the plaintiff leased to defendant “all his right, title and interest, in and to all the stands outside of the Mansion House, and situated at the corner of I. and Front streets, in the City of Sacramento, as well as the store in said Mansion House, now occupied by C. A. Spalding (the defendant,) for the term of six months, from the…
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Appeal from the Sixth Judicial District, for the County of Sacramento. The complaint sets forth a lease, dated the 14th day of May, 1851, by which the plaintiff leased to defendant “all his right, title and interest, in and to all the stands outside of the Mansion House, and situated at the corner of I. and Front streets, in the City of Sacramento, as well as the store in said Mansion House, now occupied by C. A. Spalding (the defendant,) for the term of six months, from the 10th of May, 1851, for and in consideration of $3600, payable in five monthly payments of $720 each, commencing on the…
1Opinion of the CourtJustice Heydeneeldt
This is an action for rent due on lease.
The answer of the defendant is, that “he denies that he is indebted to said plaintiff in manner and form as said plaintiff has above thereof complained against him, &c.”
This is substantially the plea of nil debet at common law, and under it the defendant proved an eviction. The question is here made as to its sufficiency under our Practice Act, to admit the defence relied on. As this is the first case which has properly come before us, requiring a construction of that act, it is essential that it should be well considered.
Our rules of decision as to…
2Cited by13 opinions
- Collins v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1973
- Piercy v. SabinCalifornia Supreme Court · 1858
- B. & W. Engineering Co. v. BeamCalifornia Court of Appeal · 1913
- Glenn R. Sewell Sheet Metal, Inc. v. LoverdeCalifornia Supreme Court · 1969
- Lawrence v. WhiteSupreme Court of Georgia · 1909
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