Borderre v. Den

Citations

• 106 Cal. 594
• 39 P. 946
• 1895 Cal. LEXIS 647

Syllabus

<p>Time for Appeal—Dismissal.—An appeal from a judgment not taken within one year from the time of the entry of the same must be dismissed</p> <p>Id.—Review of Findings—Conflicting Evidence.—Where the findings of the court are as general in their statements as the pleadings themselves, any material conflict appearing in the evidence must he resolved in such manner as to sustain the general conclusions found as facts by the court.</p> <p>Agency—Unauthorized Lease.—An agent empowered to lease a tract of land for one year at a specified rental cannot make a lease, either oral or written, obligatory on his principal, for a portion of the land at a less rental for a term exceeding one year.</p> <p>Id.—Authority of Agent—Statute of Frauds.—The authority of an agent to make a lease for a period in excess of one year must be in writing, and cannot be conferred by oral contract.</p> <p>Id.—Void Lease.-—A lease by an agent exceeding the term of one year cannot operate as a valid lease for one year, the agent’s authority not being in writing.</p> <p>Id.—Lease by Owner—Ratification of Void Lease—Want of Power. Where the owner of land, without knowledge of a lease made by an agent without authority, has rented the land to another, no power remains in him to ratify the previous unauthorized act of his agent so as to warrant a recovery of the land by his lessee from the lessee of the owner.</p> <p>Id.—New Trial—Surprise—Contents of Lease—Want of Diligence —Discretion.—Where the validity of a lease for more than one year is in controversy in an action of ejectment, the failure of the plaintiff and his counsel to acquaint themselves before the end of the trial with the fact that the lease was for a period of more than one year, the lease being the foundation of the plaintiff’s action, and being in their possession and produced in evidence by them, is not a surprise which ordinary prudence could not have guarded against; and, where the affidavits upon motion for a new trial, upon the