Fratt v. Hunt

Citations

• 108 Cal. 288
• 41 P. 12
• 1895 Cal. LEXIS 857

Syllabus

<p>Estates of Deceased Persons—Guaranty of Lease — Allowed Claim for Pent—Action—Demurrer.—Where a claim presented against the estate of a decedent, as the guarantor of the faithful performance of the covenants of a lease, was approved by the executrix for rent due and to become due under the lease, no cause of action could arise or be based upon the lease in respect of rent due or to become due, and that portion of a complaint in which it is sought to recover a judgment for rents against the estate is subject to a general demurrer.</p> <p>Id.—Covenant to Return Property in Good Condition—Premature Action.—Where the lessee of a hotel with furniture, fixtures, and bedding covenanted to return the property leased in as good condition as-when leased, ail action by the lessor against the guarantor of the lease to recover a sum of money as damages for broken panes of glass and an additional sum of money as damages for injury to the personal property leased, brought prior to the expiration of the lease, is premature? and no cause of action for a breach of the covenant to return the property in good condition could arise until the time came for a return of the property.</p> <p>Id.—Damage to Property Destroyed—Maturity of Cause of Action —Presentation of Claim—Pleading.—A claim of damages against the guarantor, for personal property destroyed and lost by the lessee, arises at. the date of the destruction of the property regardless of the time of the expiration ot the lease, the lessee having placed it out of his power to return the destroyed property at the expiration of the lease and became liable immediately upon its destruction; but where the complaint for such damages does not show either that the claim for damages for the destruction of the property was presented against the estate of the deceased guarantor, or that the breach of the contract was made subsequent to the presentation and rejection of a contingent claim for damages-to the personal property leased, the com