Potter v. Mercer

Citations

• 53 Cal. 667

Syllabus

<p>Landlord and Tenant—Verbal Agreement fob Written Lease.—If there be a verbal agreement for a written lease for a term of one year, to commence in futuro, and if the lessor refuse to make a verbal lease, andethe contract was for a written lease only, and was so understood by the parties, the contract was not a leas e in presentí, but only an agreement for a written lease in futuro, and the proposed lessee acquired thereby no estate in the premises as lessee.</p> <p>Same—Query as to ■ the Possession—In such a case, if the terms of the agreement are explicit and free from ambiguity, and from them it clearly appears that it was not intended to be a verbal lease in presentí, but only a contract for a written lease in futuro, effect will be given to the agreement according to its terms; and if, immediately after the verbal agreement is entered into, and in the expectation that the written lease will be thereafter executed, the proposed lessor, in advance of the commencement of the term, permits the proposed lessee to take lumber into the building for the purpose, of fitting it. up as a store, whether the entry for that purpose will vest the proposed lessee with the possession of the building-query ? o</p> <p>Saids—Effect of Delivery of Possession.—But if, by his entry under these circumstances, the proposed lessee be deemed to have acquired the possession of the building, such delivery of possession cannot be invoked to overthrow the agreement, and to convert it into a lease in presentí.</p> <p>Re-entry of Lessor.—If the proposed lessor afterwards refuse to execute the written lease, and if the license to enter thereupon be revoked, and if the proposed lessor afterwards peaceably re-enter, his entry is lawful.</p> <p>General Rule as to Executory License.—The general rule applicable to license in respect to real property is, that an executory license is revocable at the will of the licensor, even though the licensee has expended money on the faith of the license, and th