Fisher v. SlatTery

Citations

• 75 Cal. 325
• 17 P. 235
• 1888 Cal. LEXIS 541

Syllabus

<p>Landlord and Tenant—Lease—Provision against Subletting — Possession under Lessee. — A lease for a term of one year, with an option of renewal by the lessee, contained a provision prohibiting the lessee from letting or subletting the premises without the consent of the lessors. During the existence of the term, the defendant, with the consent of the lessee, entered into possession of the premises, and so remained until after the expiration of the year, the lessee retaining the right to keep certain personal property on the premises. While the defendant was so in possession, the lessors persistently refused to receive any rent from him, or to consider him as their tenant, and during such time the lessee continued to pay the rent. At the expiration of the year, the lessee surrendered the lease to the lessors, and refused to exercise his option for a renewal. Held, that the defendant théreupon became a trespasser as to-the lessors, and that no subletting with the consent of the lessors and no parol assignment of the lease had been made.</p> <p>Ejectment—Possession at Commencement of Action—Findings.—A finding in an action of ejectment that the plaintiff was in possession at-the time of the commencement of the action will not be held fatal to a judgment in favor of the plaintiff, when the pleadings admit and the other findings indicate that the defendant was in possession at that time.</p>