Swartzbaugh v. Sampson

11 Cal. App. 2d 451, 54 P.2d 73 (1936)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Mr. and Mrs. Swartzbaugh owned land as joint tenants with right of survivorship. The 60-acre land was used to grow walnuts. Sampson (D) wanted to lease a part of the land for a boxing pavilion. Mrs. Swartzbaugh (P) objected. Mr. Swartzbaugh executed two leases on the property to D, neither of which P signed. D was advised that P refused to sign. D then removed the walnut trees from the leased premises and then erected a pavilion and placed other improvements on the property and used the property for a boxing pavilion. P sued to cancel the lease. D was in possession of all of the property under the two leases signed by P’s husband. At trial, P testified that she had gotten no part of the monthly rental ($15 per month, which she regarded as too little considering the improvements were in excess of $10,000). She claimed that the lease was null and void because as a joint tenant she did not participate in the transaction. P lost. P appealed.