Marshall v. Luiz

Citations

• 115 Cal. 622
• 47 P. 597
• 1897 Cal. LEXIS 484

Syllabus

<p>Landlord and Tenant—Lease of Dairy Farm and Cows—Stipulation against Removal op Hay—Title op Tenant—Chattel Mortgage— Rights op Bona Fide Mortgagee—Injunction.—A lease of a dairy-farm with the cows thereon, for a fixed rental, with a stipulation that no hay or grain or other products of the soil should be sold or removed from the land during the lease, and that the hay remaining on the land at its expiration should be paid for by the lessor at a fixed price, is not mei ely a contract to carry on the business of dairying, but creates the conventional relation of landlord and tenant between the parties, and gives the tenant the title to the hay, and the lessor has no interest in or lien upon it which he can enforce by injunction against a bona fide mortgagee of the hay crop, who took a chattel mortgage thereon without notice or knowledge of the terms of the lease, to prevent him from selling and removing the hay under foreclosure of the mortgage.</p> <p>Id.—Breach op Contract—Remedy of Lessor—Re-entry—Damages.— The remedy of the lessor for the breach of the contract by the lessee not to sell or remove the hay is to be sought by re-entry, or by an action for damages, and not by injunction against a third person whose claims upon the hay were acquired in ignorance of the pretensions of the lessor.</p>