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
- in First Nat. Mortg. Co. v. Federal Realty Inv. Trust, 2011 and 3 similar citations
However, an agreement is not unenforceable merely because it is subject to the approval of a formal contract.
- in FIRST NATIONAL MORTGAGE COMPANY v. FEDERAL REALTY INVESTMENT TRUST, 2011 and 3 similar citations
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.
- in Cases and Materials on the Law of Landlord and Tenant and one similar citation
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the lease according to the contract thus made, the other has a right to fall back on the written propositions as originally made, and the absence of the formal agreement contemplated is not material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
Court of Appeals, 9th Circuit 2011
3 P. 3d 286 - Cal: Supreme Court 2000
[CITATION] Miller & Starr California Real Estate
HD Miller… - 2000
EM Holmes - Willamette L. Rev., 1993
53 BR 471 - Bankr. Court, D. Colorado 1985
JL Goddard - (No Title), 1977