Bailey v. Richardson

Citations

• 66 Cal. 416
• 5 P. 910
• 1885 Cal. LEXIS 460

Syllabus

<p>Landlord and Tenant—Lease—Covenant Running with Land-Improvements.—A covenant in a lease for the erection, by the lessee, of improvements on the demised premises, and for the purchase thereof by the lessor at the expiration of the term, runs with the land, and is binding on the assignee of the lessor, if such covenant was entered into by the parties to the lease for themselves and their assign?. In such case, the assignee is liable only for breaches of the covenant occurring after he has acquired the estate, and before he has parted with it, or ceased to enjoy its benefits.</p> <p>Id,—Assignment to Lessor—Merged.—Where a lessee, after sub-letting, makes an assignment of the lease to the lessor, who receives and collects, from the sub-lessee the rent reserved in the sub-lease, no merger is created. The lessor comes in as assignee of the reversion, and not as owner of the fee.</p> <p>New Trial — Surprise— Prated—Continuanoe. — Being misled by the prayer of the complaint, conceding it to constitute a surprise, will not warrant a new trial, if the party moving could have relieved himself of' the consequences of the surprise by applying for a continuance, but failed, to make such application.</p>