Gaskill v. Trainer

Citations

• 3 Cal. 334

Syllabus

<p>Where a lien attaches upon a leasehold interest, it so attaches, subject to all the conditions of the lease.</p> <p>But if one of the conditions be forfeiture for non-payment of rent, the mere failure to pay the rent will not make a forfeiture; there must be a formal demand made on the day it becomes due, to effect this.</p> <p>A waiver of the demand will never be implied, for the purpose of making a forfeiture ; for from its very nature, a forfeiture cannot take place by consent, and is not favored by the rules of lav/.</p> <p>The surrender of a leasehold estate operates a merger in the fee, but this cannot be suffered to defeat the right of a third party, whose rights intervened before the merger took effect.</p> <p>The party holding a lien on a leasehold estate, has a right to enforce it, notwithstanding a subsequent failure of the lessee to pay rent, and a surrender of the lease to the lessor.</p>