Salisbury v. Shirley

Citations

• 66 Cal. 223
• 5 P. 104
• 1884 Cal. LEXIS 737

Syllabus

<p>Lease—Death of Joint Lessor—Breach of Covenant—Parties.—After the death of one of two joint lessors, the survivor is the proper party plaintiff in an action to recover for a breach of covenant in the lease. Under such circumstances, no right of action passes to the personalrepresentative of the deceased lessor.</p> <p>Id.—Plaintiffs—Guardian and Ward.—Where the joint lease is executed by the deceased lessor as guardian, the ward, after attaining majority, may be joined as plaintiff with the surviving lessor, in an action to enforce a covenant made for Ms benefit.</p> <p>Id.—Assignment of Term—Privity of Estate.—An assignment of the term by the lessee creates a privity of estate between the lessor and the assignee, after the acceptance of the leasehold estate by the latter.</p> <p>Id.—Covenant to Pay Rent and Taxes.—A covenant in a lease to pay rent and taxes runs with the land, and for a- breach thereof the assignee of the lessee is liable by virtue of his privity of estate. .</p> <p>Taxation—Assessment—Dollar Hark.—The abbreviation “ Dolls.” is equivalent to the word “ dollars ” in an assessment for taxes.</p>