(Download) "Bewick V. Mecham" by Supreme Court Of California * Book PDF Kindle ePub Free
eBook details
- Title: Bewick V. Mecham
- Author : Supreme Court Of California
- Release Date : January 23, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
J. J. Lopez leased real property in the city of Bakersfield to S. S. Lombard for the operation of an automobile supply and service station or other business, for a period of ten years commencing July 1, 1929. The lessee was authorized to construct buildings and other improvements on the land and to remove them at the end of the term. The trial court found that the lessee spent $13,500 for structures on the land, relying on a provision in the lease giving him an option to purchase the land upon the expiration of the lease "at a price and terms then to be agreed on between the parties hereto, and if not agreed on then to be fixed by arbitration, each of the parties hereto selecting one arbitrator, and the two selected [sic] a third, which said arbitrators shall fix such purchase price and the terms under which the purchase may be made, but with the proviso that on the matter of terms at least one-half of such purchase price shall be payable in cash, and the remaining half to be evidenced by promissory note secured by deed of trust, and to draw not less than the legal rate of interest." Any assignment of the lease and the option to purchase was subject to the lessor's written consent. Lombard assigned to plaintiff his interest in "the indenture of lease," with the lessor's written consent. When plaintiff exercised the option to purchase the land at the end of the term the lessor refused to sell. Upon the lessor's refusal to comply with his obligation under the option agreement plaintiff appointed an arbitrator to fix the price and terms of purchase. This arbitrator with two others fixed the purchase price and the terms for the payment of that part thereof that was not payable in cash. On defendant's motion, however, the court vacated their decision on the ground that the arbitrator allegedly appointed by the lessor was not duly appointed by him. (In re Bewick, 49 Cal. App. 2d 287 [121 P.2d 815].) Thereafter plaintiff renewed his effort to have the price and terms of purchase determined by arbitrators in the manner