(DOWNLOAD) "Timm v. Brown" by Third Appellate District District Court Of Appeal Of California " eBook PDF Kindle ePub Free
eBook details
- Title: Timm v. Brown
- Author : Third Appellate District District Court Of Appeal Of California
- Release Date : January 19, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
[78 CalApp2d Page 610] Plaintiffs brought suit for unpaid rental due under the terms of a written lease to defendants of a mining claim in El Dorado County, together with damages for [78 CalApp2d Page 611] failure to timber the mine as stipulated, and to quiet title in plaintiffs to the mine. The lease was coupled with an option to purchase the mining property, which option was not exercised. The defendant, Clarence L. Brown, as assignee of the lessees, took possession of the property. In the suit to quiet title it was alleged that defendants claimed some interest in the property. The court adopted findings favorable to plaintiffs on the issues of unpaid rent and ownership of the property. Damages for failure to timber the mine were disallowed. Judgment for unpaid rental in the aggregate sum of $1,800, which accrued from and after October 21, 1941, was rendered against the defendant, Brown, the assignee and tenant in possession, and title was quieted in plaintiffs. The lease was not terminated, nor were plaintiffs awarded possession of the premises. From that judgment the defendant, Brown, has appealed.