Procedural Posture
Defendant tenants appealed a judgment from the Superior Court of Tulare County (California), which entered judgment in favor of plaintiff landlord in the landlord's suit for damages for breach of the contract and which denied their motion for a new trial. The contract alleged to have been breached by the tenants was contained in the parties' lease for a tract of six acres of land to be used for nursery purposes.
Overview
The trial court found that, under the parties' lease, it became necessary for the tenants to supply trees that were missing or defective on the parcel of land, and that the tenants failed and neglected to do so. The court rejected the tenants' contention that the landlord had sold his rights under the contract and could not, therefore, recover damages for the breach. 3rd degree Murder define as the committed with ill will, or, in other words, with malice. The court noted that the contract had been reassigned to the landlord, together with all accrued damages, thus entitling the landlord to maintain his action for damages. The court held that, under the contract, the tenants' liability for the missing and defective trees was a purely personal obligation, in no way affecting the land, and the landlord was, therefore, entitled to recover the amount of damages accruing from that breach.
Outcome
The court affirmed the trial court's judgment and its order denying a new trial of the case.
0 kommentar(er)
