Ellis v. BradBury

Citations

• 75 Cal. 234
• 17 P. 3
• 1888 Cal. LEXIS 516

Syllabus

<p>Lease—Covenant to Pat Taxes—Breach oe—Allegation oe Assessment — Pleading. — In an action by a lessor for the breach of a covenant by the lessee to pay taxes, it is not essential to the statement of a cause of action that the complaint should specifically allege all the steps necessary to constitute a valid assessment. A general allegation in the complaint showing that the demised premises were assessed for state and county purposes, and the amount of the taxes due thereon, is sufficient, when tested by a general demurrer.</p> <p>Id. —Covenant Runs with Land. — A covenant by a lessee to pay taxes on the demised premises runs with the land, and is divisible.</p> <p>Id. —Liabilitt oe Assignee how Determined. —Where a lease contains a covenant by the lessee to pay taxes, an assignee of a portion of the leased premises, which are assessed as a whole, is liable for the taxes assessed thereon in the proportion that the value of the land assigned to him bears to the whole of the leased premises.</p>