Whipley v. Dewey

Citations

• 8 Cal. 36
• 1857 Cal. LEXIS 283

Syllabus

<p>Tenants have a right to remove buildings erected by them, at any time before the expiration of their leases.</p> <p>Tenants have no right to remove buildings erected by them, after a forfeiture, or re-entry, for covenant broken.</p> <p>Where a landlord agreed to allow his tenant a reasonable time, after the expiration of his lease, to remove his buildings, and tho tenant surrendered or forfeited his lease, before the expiration thereof, the intention of the parties must be confined to its legal expiration, and not to the wrongful act of the lessee, in terminating it, and the lessee can claim no rights under the contract.</p> <p>There is no moral obligation, under such circumstances, srSncient, as a consideration, to support a subsequent promise of the landlord, to allow the tenant to remove his buildings. °</p>