Shamp v. White

Citations

• 106 Cal. 220
• 39 P. 537
• 1895 Cal. LEXIS 597

Syllabus

<p>Unlawful Detainee—Pleading—Issue as to Lease.—In an action for unlawful detainer, brought under subdivision 1 of section 1161 of the Code of Civil Procedure, where the complaint avers defendant’s entry under a lease pleaded not in precise words, but by its legal effect, an answer denying the making of the lease pleaded in the complaint, and affirmatively setting forth in full the contract between the parties, is sufficient to present issues for determination.</p> <p>Id.—Contract for Renewal of Lease—Notice of Option to Renew.— Where the contract between the parties is for a renewal as distinguished from an extension of the lease, it is incumbent upon the lessee desiring to exercise his option for renewal to give notice of his election before the expiration of the original term.</p> <p>Id.—Inadmissible Evidence of Notice—Recital on Letter from: Tenant to Landlord.—Where the evidence is conflicting as to whether notice of intention to renew the lease was given to the landlord prior to the expiration of the original term, a letter written by the tenant after the expiration of the original term giving notice of his intention to continue possession, and reciting the fact that the landlord had been informed of such intention, is hearsay, and inadmissible as to the fact so recited, and the admission of it in evidence to prove prior notice to the landlord is prejudicial error.</p>