Davidson v. Ellmaker

Citations

• 84 Cal. 21
• 23 P. 1026
• 1890 Cal. LEXIS 752

Syllabus

<p>Unlawful Detainer — Lease — Signing — Delivery — Execution — Finding. — In an action of unlawful detainer, where the answer admits the signing of a lease by the defendant, hut denies any taking or hiring under the lease, and avers that the signing of it was induced by fraudulent representations, it is necessary that the court should find on the issue as to whether the premises were leased. A finding that defendant signed the lease, without a finding that it was delivered, is insufficient, as the relation of landlord and tenant cannot he created by the mere signing of a lease without delivery. Nor will the use of the word “execute,” in the findings, import a delivery of the lease, if it is apparent that it was used as the mere synonym of the word “sign.”</p> <p>Id. — Lease to Possessor Claiming Title — Estoppel — A lease to one already in possession claiming title, though executed and delivered, will not estop the lessee to dispute the title of the lessor.</p>