For Your Data Gates Prophylactic Co. V. Ulman Illustration Brief

Gates Rubber Co. v. Ulman illustration brief summary
214 Cal. App. 3d 356 (1989)

CASE SYNOPSIS

Appellant companionship challenged an society of the Superior Court of Los Angeles County (California), which denied appellant specific functioning of an unrecorded selection understanding giving it the correct to buy for certain belongings from respondent trustees inwards the 20th twelvemonth of a 25-year lease of that property.

CASE FACTS
Appellant companionship possessed leased belongings as well as an selection understanding providing for the correct to buy the property. Only a short-form lease was recorded prior to possession. Appellant notified respondent trustees of its practise of the option, precisely respondents would non comply. Appellant brought adjust against respondents seeking specific functioning of the selection agreement, as well as the lower courtroom ruled inwards favor of respondents.

DISCUSSION

The courtroom affirmed as well as held that appellant's human action of selectively as well as incompletely recording the documents evidencing its rights had the resultant of lulling subsequent purchasers into the faux impression they had been given honor of all of appellant's rights.
The courtroom establish that the additional selection to buy possessed yesteryear appellant did non confer a correct to alter the existing lease, precisely instead granted rights wholly dissimilar from those created yesteryear the lease.

CONCLUSION
The courtroom affirmed a determination to deny appellant companionship specific functioning of an unrecorded selection agreement, because yesteryear selectively recording documents appellant did non order honor to subsequent purchases of all of its rights, as well as the selection did non confer a correct to alter the lease.

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