Jack v. Sinsheimer

Citations

• 125 Cal. 563
• 58 P. 130
• 1899 Cal. LEXIS 902

Syllabus

<p>Lease—Eviction foe Nonpayment of Rent—Liquidated Damages —Void Clause.—Under a provision in a lease for five years that, upon failure of the lessee to pay the stipulated rent, he shall vacate the premises upon receiving thirty days’ notice from the lessor, it is not difficult or impracticable to fix the amount of damage resulting to the lessor, and an additional clause providing that the lessee, in such case, shall pay to the lessor “the sum of one thousand dollars, as settled and liquidated damages,” is void, under sections 1670 and 1671 of the Civil Code.</p> <p>Id.—Guaranty of Void Penalty—Liability of Guarantor.—A guarantor is never implicated beyond the strict terms of his contract; and a guaranty which by its terms purports to secure the payment of a penalty of one thousand dollars which by the lease was fixed as liquidated damages, in ease the lessee should be evicted from the premises for nonpayment of rent, or should voluntarily vacate the same, is void on account of the invalidity of the penalty, and cannot subject the guarantor to any liability for rent, or for any actual damage for which the lessee is liable, without covenant or guaranty.</p> <p>Id.—Void Mortgage to Secure Guarantor—Quieting Title.—A mortgage made by the lessee to secure the guarantor against all cost, damages and expenses accruing to the mortgagee by reason of the guaranty of the void penalty contained in the lease, is void, and is no defense to an action to quiet title by the successor in interest of the mortgagor.</p> <p>Id.—Insufficient Answer—Liability of Guarantor not Shown.— An answer by such mortgagee in the action to quiet title, which does not aver that by reason of the eviction of the lessee the lessor suffered any damage, and which does not show that the lessee was evicted or voluntarily vacated the premises, during the term of the lease, is to be construed most strongly against the pleader, and does not disclose any liability of the guarantor, within the terms of his cont