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Heywood v. Berkeley Land & Town Improvement Association

Supreme Court of California
Dec 1, 1886
71 Cal. 349 (Cal. 1886)

Opinion

         Appeal from a judgment of the Superior Court of Alameda County, and from an order refusing a new trial.

         COUNSEL:

         S. S. & G. T. Wright, and H. A. Powell, for Appellant.

          Edward J. Pringle, for Respondents.


         JUDGES: In Bank.

         OPINION

         THE COURT           [12 P. 233] The court below found, "the leased premises in the complaint described have, since the first day of April, 1880, been used in good faith continuously for the usual and ordinary business of a ferry to and from the city and county of San Francisco, and for no period since the first day of April, 1880, were the leased premises not used for the business or the purpose of a ferry"; and as conclusion of law the court found that the said lease was not and is not forfeited; that the defendants do not unlawfully withhold or detain the said leased premises from the plaintiff.

         We are of opinion that the finding of fact is justified by the evidence, and that no forfeiture was incurred.

         Judgment and order affirmed.


Summaries of

Heywood v. Berkeley Land & Town Improvement Association

Supreme Court of California
Dec 1, 1886
71 Cal. 349 (Cal. 1886)
Case details for

Heywood v. Berkeley Land & Town Improvement Association

Case Details

Full title:FRANKLIN HEYWOOD, Executor, etc., of Z. B. Heywood, Deceased, Appellant…

Court:Supreme Court of California

Date published: Dec 1, 1886

Citations

71 Cal. 349 (Cal. 1886)
12 P. 232

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