Easterbrook v. Farquharson

Citations

• 110 Cal. 311
• 42 P. 811
• 1895 Cal. LEXIS 1057

Syllabus

<p>Landlord and Tenant—Lease—Appraisement op Building—Failure op Appraisers to Agree—Application to Court—Contract por Interest.—Where a lease provided for the erection of a building by the lessee, and for payment by the lessor of two-thirds of the appraised value of the building at the expiration of the term, and that the amount of the appraisement should bear interest at the rate of two per cent per month, compounding monthly until paid, and should be a lien and encumbrance upon the premises, and there was a failure of an appraisement through no fault of the lessor, but by reason of the appraisers failing to agree upon the value or upon a third party to complete the appraisement, and the lessor subsequently applied to the court for an appraisement of the building, after the expiration of the term of lease, the lessor is not chargeable with the conventional rate of interest from the date of the expiration of the term, but is only chargeable with interest from the date of the determination of the suit for appraisement by the court.</p> <p>Id.—Construction op Lease—Liability of Lessor—Tender.—The lease in such case should be construed as intended to prevent default on the part of the lessor, and to insure a prompt performance of the conditions of the lease; and where there was no default of the lessor, and he was unable to pay any appraised value at the expiration of the lease, or to make any tender thereof, he is not chargeable with the stipulated interest from the expiration of the lease to the entry of judgment in an action to secure a judicial appraisement.</p> <p>Id.—Interest as Damages—Compensation for Wrong—Certainty-Construction of Code.—Interest cannot be allowed as damages, under the Civil Code, except as compensation for the unlawful act or omission of another, and in cases where the damages are certain or capable of being made certain by calculation, and the right of recovery is vested upon a particular day.</p> <p>Id.—Settlement op Account—Allowance op I