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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Green v. Superior Court, 517 P.2d 1168 (1974)

Citation
Green v. Superior Court, 517 P.2d 1168 (1974)
Parent Document
Green v. Superior Court, 517 P.2d 1168 (1974)
Jurisdiction
California (state)
Effective Date
1974-01-15

Other Sections in This Document (186)

Full Text

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(1867) 33 Cal. 341, 345-346.) These original common law precepts perhaps suited the agrarianism of the early Middle Ages which was their matrix; at such time, the primary value of a lease lay in the land itself and whatever simple living structures may have been included in the leasehold were of secondary importance and were readily repairable by the typical “jack-of-all-trades” lessee farmer. Furthermore; because the law of property crystallized before the development of mutually dependent covenants in contract law, a lessee’s covenant to pay rent was considered at common law as independent of the lessor’s covenants. Thus even when a lessor expressly covenanted to make repairs, the lessor’s breach *623