Laffan v. Naglee

Citations

• 9 Cal. 662

Syllabus

<p>A covenant in a lease to the lessee, “bis heirs and assigns,” for a term of eight years, that if the lessor shall sell or dispose of the demised premises the lessee is to be entitled to the refusal of the same, is a covenant running with the lana. 1 Every covenant in the lease relating to the thing demised, attaches to the land, and runs with it.</p> <p>The valuable privilege of pre-emption attaches to the entire property, and is therefore assignable.</p> <p>A and B entered into an agreement in which it was stipulated that A should advance $12,000 for the purpose of putting up a brick house on property of B, held by lease, and B was to convey to A one-half interest in the leased premises; the balance of the costs of the building was to be borne in equal proportion. When completed, B was to rent the same, and pay over to A one-half of the rents. Building was erected at a cost of $48,000—$50,000 paid by A, and $18,000 by B,—B conveyed one-half of premises to A: Held, that A and B were copartners.</p> <p>And where one of two holders of the leasehold, holding in partnership, purchases the fee in his own name and with his own money, it enures equally to the benefit of the other, to which he becomes entitled on payment of his proportion of the purchase-money.</p> <p>And as the relation sustained by the tenant purchasing the fee, to his co-tenant or partner, is one of confidence, the proof that the latter had waived his right must be clear, and the burden of proof rests upon the tenant purchasing.</p>