Butt

Butt v. Maier & Zobelein Brewery

Good Law
1907 Cal. App. LEXIS 97·6 Cal. App. 581·92 P. 652
Court of Appeal of CaliforniaOctober 7, 1907Civ. No. 377.California1,026 words

Opinion

lead Opinion

Shaw, J.

The appeal is from the judgment and an order denying plaintiff’s motion for a new trial.

The sole question involved is the interpretation to be given to the provisions of a lease whereby appellant’s grantor leased the property in question to Maier & Zobelein Brewery, a corporation, which is one of the respondents. Other respondents were joined as defendants in the action by reason of their having an interest in the lease as subtenants or assignees of said lessee. The lease was prepared upon a printed form, the blank spaces as to duration of the term (fixed at five years from May 1, 1901), the rental and the manner of payment thereof, being filled by writing the necessary words therein. After setting forth the usual covenants as to payment of the agreed rental, and right of re-entry in case of default, there is then inserted the following typewritten provision:

The lease next contains the usual printed covenant on the part of the lessee to quit and surrender the premises at the expiration of said term. There is next inserted a typewritten provision as follows:

Both prior to and at the expiration of the term of five years, a notice of the termination of said lease, and demand for…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.