Journe v. Hewes

Citations

• 124 Cal. 244
• 56 P. 1032
• 1899 Cal. LEXIS 979

Syllabus

<p>Lease—Option to Purchase—Notice after Death of Lessor—Absence of Tender—Liability for Rent.—Under a lease containing an option to purchase, the relation of lessor and lessee, and the liability of the lessee for rent, continues until a tender or offer to pay the purchase money is made; and a mere notice of an intention to purchase the property given to a son and former agent of the lessor, after the lessor’s death, and subsequently to the administrator of the estate of the deceased lessor, and notice of an intention “to pay for the same when the probate proceedings are fully completed, and the owner can give title to the same,” does not create the relation of vendor and purchaser, or suspend the liability of the lessee for rent.</p> <p>Id.—Specific Performance—Waiver of Objection—Effect of Adjudication.—A specific performance of the option to purchase adjudged by the superior court having jurisdiction of the estate, nearly one year after the expiration of the original lease, the terms of which had been continued from month to month by the administrator, objection to the specific performance being waived by the administrator and heirs, does not determine that the option to purchase was exercised at or before the termination of the original lease, or that the relation of vendor and purchaser was then constituted.</p> <p>Id.—Liability for Rent not Involved.—The liability of the lessee for rent from month to month, prior to the action fo-r specific performance, was not necessarily involved in that action, and if not actually litigated therein, is not concluded by the decree rendered in the action.</p> <p>Id.—Implied Contract for Stipulated Rent—Value of Use and Occupation—Findings.—In an action upon an implied contract to pay the monthly rent stipulated in the lease, under a tenancy from month to month after the expiration of the lease, if the court finds that such implied contract existed, it becomes immaterial to find upon an issue as to the value of the use and occ