Stetson

Stetson v. Briggs

Good Law
114 Cal. 511·1896 Cal. LEXIS 935·46 P. 603
Supreme Court of CaliforniaOctober 10, 1896L. A. No. 177California1,207 words

Opinion

Lead Opinion

Belcher, J.

The plaintiff brought this action to recover the sum of three hundred and seventy-five dollars, alleged, in two separate counts, to be due for the second installments of rent on two leases executed by plaintiff to defendants on land in Kern county, one tract described as a certain section 20, and the other as the north half of a certain section 7. Copies of the leases are attached to the'complaint, from which it appears that they were both executed April 2, 1892, for the term of one year from February 1, 1892, to February 1,1893, *513 and that the rent to be paid on the one first named was four hundred dollars, and on the other three hundred and seventy-five dollars, one-half of each sum being made payable on July 1, 1892, and the other half on. October 1, 1892. It further appears that each lease contained the following provision: “And the said parties of the second part do hereby promise and agree to pay to the said party of the first part the said rent herein reserved in the manner herein specified, and not to let or underlet the whole or any part of said premises; .... and' not to assign this lease without the written consent of the said party of the first part.” Indorsed on…

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