Agoure v. Lewis

Lease—Breach of Covenant of Quiet Possession—Damages to Crops by Cattle of Rightful Tenant—Finding Showing Breach. Where defendant, as the present owner of land, leased three hundred and fifty acres thereof to plaintiff for twenty-two months from January 1, 1907, which was included in a prior lease from former owners to another tenant of eight thousand acres for herding, pasturing and raising cattle thereon, whose right of possession continued until March 6, 1907, and plaintiff brought an action for damages against his lessor for breach of the implied covenant for quiet possession for destruction of his crops by such cattle, it is held that a finding in such action that such cattle, between January 1, 1907, and March 6, 1907, were not in fact herded on said three hundred and fifty acres, but escaped from their herders and damaged the crops of plaintiff, shows a breach of defendant’s implied covenant for quiet possession.

Id.—Conclusion of Law Against Eviction—Erroneous Judgment.— It is held that a further finding “that the intrusion of the cattle upon the land so let to plaintiff did not constitute an eviction of him from the said lands, either by the owner of the cattle or by the owner of the land, but were acts of simple trespass committed by said cattle,” was the statement of a conclusion of law; and that the judgment for defendant based upon such conclusion against an eviction, actual or constructive, was erroneous and must be reversed.

Id.—Rights of Tenant of Larger Tract—Nonliability fob Damages.—Since the tenant of the larger tract had the right of possession of the whole of plaintiff’s leased premises from January 1 to March 6,1907, he could not be a trespasser upon the lands leased to plaintiff, nor be subject to any action for damages for trespass thereon by Ms cattle or injury to plaintiff’s crops. It matters not whether he herded his cattle on such land or whether they escaped thereon. He had the right to pasture them thereon, if he had wished to do so, since he had the right of possession, and had not consented to the leasing thereof to the plaintiff.

Id.-—Sole Remedy of Injured Lessee Against Lessor.—The sole remedy of the injured lessee was against his lessor, under whom he held the premises, and who could not maintain that the relation of landlord and tenant did not exist between them; and if he was entitled to any damages at all, he was compelled to look to his lessor.

Id.—Implied Covenant for Quiet Possession Statutory—Nature of Breach—Actual or Constructive Eviction—Complete Ouster not Required—Disturbance.—The implied covenant for quiet possession is embodied in section 1927 of the Civil Code, and extends “during the term of the hiring, against all persons lawfully claiming the same.” To constitute a breach of this covenant there must be an actual or constructive eviction; but no actual ejectment or ouster of the tenant from the whole premises is required. It is enough that Ms possession has been disturbed to his damage by a person entitled to use or possess the property.