Gunn v. Pollock

Citations

• 6 Cal. 240
• 1856 Cal. LEXIS 111

Syllabus

<p>Where the plaintiff leased a tract of land claimed by him under a Mexican grant, to defendant, upon condition that he was not to pay any rent for two years, and if the title was confirmed within that time, defendant was to give up his improvements; hut if not confirmed in two years, defendant was to remain on until confirmation, with the privilege of buying in case of sale, and if not confirmed, defendant was to hold it as public land; and the defendant at the end of two years took up the tract as public land; Held, in an action for the possession and damages, that defendant's improvements, erected before or after he thus terminated his tenancy, were only a substitute for the first two years' rent, and that he was chargeable for rent thereafter accruing.. Any improvements erected by defendant after the termination of his tenancy were at his own risk, and he is not entitled to their value as an offset.</p>