Chipman v. Emeric

Citations

• 5 Cal. 49

Syllabus

<p>Where a lease coníains a covenant against assignment, and the restriction is once removed, it operates as a removal of the restriction forever.</p> <p>It seems that such a restriction would not in any case be enforced so as to work a forfeiture. It is a restraint against alienation, and is against the policy of the law.</p> <p>The premises in dispute were leased for six years. The provisions of the lease were, that the lessees should build a wharf on the land, but stipulated for no particular time. Held, that the lessor, before the expiration of the term, could have no legitimate cause of complaint.</p> <p>A covenant “ to let the lessor have what land he and his brothers might want for cultivation,” cannot be enforced, for uncertainty.</p> <p>Pleadings must be most strongly taken against the pleader.</p>