Eames

Eames v. Philpot

Good Law
1925 Cal. App. LEXIS 380·72 Cal. App. 151·236 P. 373
Court of Appeal of CaliforniaApril 2, 1925Docket No. 2852.California2,514 words

Opinion

Lead Opinion

Hart, J.

The plaintiffs, on the seventh day of July, 1921, by a writing, leased to one Mrs. M. G. Wilson, a widow, for the term of two years, beginning with the first day of July, 1921, and ending on the thirtieth day of July, 1923, a certain specifically described quarter-section of land situated in El Dorado County, and known as the “Silver-thorn Ranch,” at an annual rental of $350, of which, for the first year, the sum of $116.66 was paid on the day of the execution of the indenture, and the balance payable on the first day of November, 1921.. By this lease the second party (Mrs. Wilson) was “granted the privilege of cutting cord-wood on the east 80 acres of said premises,” she agreeing that “she will, during the term of this lease, cut not less than forty acres of all timber standing on either the north or south forty acres of the east eighty acres of said described premises, but not in the center thereof, at her option.” It was further stipulated in the lease that “said cutting is to begin in the wood-cutting season, in the fall of 1921 and 1922, and not later than November 1st, and shall continue during the entire cutting season of each year of said term. Said second party agrees…

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