Dugand v. Magnus

107 Cal. App. 243 ·

California Court of Appeal · Filed

Published · citable

Holding

The court held that a creditor's claim filed against a decedent's estate, which was founded exclusively on an original written lease, could not support a subsequent lawsuit premised on a new, independent oral agreement for tenancy; furthermore, the alleged oral agreement was unenforceable under the statute of frauds, and the tenancy at will created by the decedent's possession terminated upon his death, extinguishing any further liability against his estate.

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