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How this document has been cited

"Where the parties, however, have agreed in writing upon the essential terms of the lease, there is a binding lease, even though a formal instrument is to be prepared and signed later
- in Cappelmann v. Young, 1946 and 6 similar citations
In the absence of ambiguity this must be determined by a construction of the instrument taken as a whole
- in Smissaert v. Chiodo, 1958 and 4 similar citations
—finding a binding contract for a lease, even though the testimony showed that "the parties contemplated substituting for this instrument a more formal lease
However, an agreement is not unenforceable merely because it is subject to the approval of a formal contract.
Whether an instrument is a lease in præsenti or an agreement to execute a lease in future is largely a question of the intention of the parties.
When one party refuses to execute the lease according to the contract thus made, the other has a right to fall back on the written propositions as originally made, and the absence of the formal agreement contemplated is not material
- in Cappelmann v. Young, 1946 and one similar citation

Cited by

163 Cal. App. 2d 827 - Cal: Court of Appeal 1958
87 Cal. App. 2d 299 - Cal: Court of Appeal 1948
25 Cal. 2d 501 - Cal: Supreme Court 1944
631 F. 3d 1058 - Court of Appeals, 9th Circuit 2011
3 P. 3d 286 - Cal: Supreme Court 2000
[CITATION] Miller & Starr California Real Estate
HD Miller… - 2000
53 BR 471 - Bankr. Court, D. Colorado 1985

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