Ryer v. Oesting

Citations

• 119 Cal. 564
• 51 P. 857
• 1898 Cal. LEXIS 671

Syllabus

<p>Sbbvices in Obtaining Renewal of Lease—Obal Agbeement fob Compensation—Delivery of Lease fob Less Tebm — Pbiob Wbitten Contbact—Merger—Estoppel.—An oral agreement made between plaintiff and defendants that plaintiff should use his services in obtaining the renewal of a ten-year lease, which was about to expire, in consideration of a monthly payment to be made to plaintiff during the renewed term, the desire being expressed for a new lease of ten years, is merged in a written contract to pay such compensation for a shorter term of three years, which was entered into prior to the delivery of a new lease therefor, which had been executed by the lessor and placed in the possession of plaintiff, and which he was under no obligation to deliver, unless such written contract was made; and the essential act of the delivery of the lease remaining to be performed when the written contract was entered into, his entire service in procuring a new lease, which was one transaction, must be deemed to have been made under the written contract, and defendants are estopped by such contract from objecting that the services were rendered under a different oral agreement, and that plaintiff could only recover upon a quantum meruit, and not under the written contract, and from objecting that the lease delivered to and accepted by them was not in accordance with the terms of the contract.</p> <p>Id.—Surrender of Lease—Continuance of Obligation to Plaintiff.—The terms of the contract being to pay a monthly compensation during the period for which the premises were leased, the defendants could not escape their obligation to make such monthly payments, by surrender of the lease before the expiration of the term.</p>