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Detriment caused by breach of obligation to loan: See post, sec. 3302.
§ 1914. Loan presumed to be on interest. Whenever a loan of money is made, it is presumed to be made upon interest, unless it is otherwise expressly stipulated at the time in writing. En. March 21, 1872. Am'd. 1873-4, 244.
Cal.Rep.Cit. 116, 546; 127, 675; 137, 471.
$ 1915. Interest, what. Interest is the compensation allowed by law or fixed by the parties for the use, or forbearance, or detention of money. En. March 21, 1872. Am'd. 1873-4, 245. Cal.Rep.Cit. 72, 154 ; 110, 315; 122, 120; 129, 547; 131, 363;
137, 469 ; 137, 470; 137, 471. § 1916. Annual rate. When a rate of interest is prescribed by a law or contract, without specifying the period of time by which such rate is to be calculated, it is to be deemed an annual rate. En. March 21, 1872.
Cal.Rep.Cit. 92, 82.
$ 1917. Legal interest. Unless there is an express contract in writing, fixing a different rate, interest is payable on all moneys at the rate of seven per cent per annum, after they become due on any instrument of writing, except a judgment, and on moneys lent or due on any settlement of account, from the day on which the balance is ascertained, and on moneys received to the use of another and detained from him. In the computation of interest for a period less than a year, three hundred and sixty days are deemed to constitute a year. En. March 21, 1872. Am'd. 1873-4, 245; 1877-8, 87. Cal.Rep.Cit. 57, 643; 65, 499; 66, 238; 70, 186; 72, 153;
73, 319; 89, 635; 100, 22; 102, 292; 106, 573; 109, 380; 110, 316; 110, 317; 111, 72; 113, 229; 116, 545; 120, 109;
120, 122; 131, 363; 134, 674; 136, 371; 137, 470. Interest on judgments: See infra, sec. 1920. Compounding interest: See infra, sec. 1919.
g 1918. Parties may agree on any rate. Parties may agree in writing for the payment of any rate of interest, and it shall be allowed, according to the terms of the agreement, until the entry of judgment. En. March 21, 1872. Cal.Rep.Cit. 60, 232; 60, 393; 65, 393; 108, 151; 110, 112;
113, 229; 114, 66; 116, 538; 116, 541; 116, 542; 116, 545; 116, 546; 120, 109; 120, 122.
$ 1919. Interest becomes part of principal, when. The parties may, in any contract in writing whereby any debt is secured to be paid, agree that if the interest on such debt is not punctually paid, it shall become a part of the principal, and thereafter bear the same rate of interest as the principal debt. En. March 21, 1872. Cal.Rep.Cit. 63, 106; 65, 393; 114, 66; 116, 536; 116, 538;
116, 539; 116, 540; 116, 541; 116, 542; 116, 545; 116, 546. § 1920. Interest on judgment. Interest is payable on judgments recovered in the courts of this state, at the rate of seven per cent per annum, and no greater rate, but such interest must not be compounded in any manner or form. En. March 21, 1872. Am'd. 1873-4, 245.
Cal.Rep.Cit. 49, 314; 127, 59; 129, 546; 137, 469; 137, 471.
Chapter I. Hiring in General, $8 1925-1935.
II. Hiring of Real Property, 88 1941-1950.
HIRING IN GENERAL. § 1925. Hiring, what. § 1926. Products of thing.
1927. Quiet possession. $ 1928. Degree of care, etc., on part of hirer. $ 1929. Must repair injuries, etc.
1930. Thing let for a particular purpose, $ 1931. When letter may terminate the hiring.
1932. When hirer may terminate the hiring. $ 1933. When hiring terminates. $ 1934, When terminated by death, etc., of party. § 1935. Apportionment of hire.
$ 1925. Hiring, what. Hiring is a contract by which one gives to another the temporary possession and use of property, other than money, for reward, and the latter agrees to return the same to the former at a future time. En. March 21, 1872.
Hiring personalty: See post, secs. 1955 et seq.
$ 1926. Products of thing. The products of a thing hired, during the hiring, belong to the hirer. En. March 21, 1872.
$ 1927. Quiet possession. An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same. En. March 21, 1872.
Çal.Rep.Cit. 86, 304; 117, 70.
Duty of letter of building in this respect: See post, sec. 1941.
Duty of letter of personalty likewise: See post, sec. 1955.
$ 1928. Degree of care, etc., on part of hirer. The hirer of a thing must use ordinary care for its preservation in safety and in good condition. En. March 21, 1872.
Cal.Rep.Cit. 118, 369.
$ 1929. Must repair injuries, etc. The hirer of a thing must repair all deteriorations or injuries thereto occasioned by his ordinary negligence. En. March 21, 1872.
Cal.Rep.Cit. 59, 566; 86, 304; 92, 551; 102, 480; 118, 369.
Repairs.—This requirement results from the rule of the previous section, and the same rule applies to realty: See post, sec. 1941. With respect to the consequence of not complying with its provisions, see sec. 1931, infra.
8 1930. Thing let for a particular purpose. When a thing is let for a particular purpose the hirer must not use it for any other purpose; and if he does, the letter may hold him responsible for its safety during such use in all events, or may treat the contract as thereby rescinded. En. March 21, 1872.
Cal.Rep.Cit. 118, 369.
$ 1931. When letter may terminate the hiring. The letter of a thing may terminate the hiring and reclaim the thing before the end of the term agreed upon:
1. When the hirer uses or permits a use of the thing hired in a manner contrary to the agreement of the parties; or,
2. When the hirer does not, within a reasonable time after request, make such repairs as he is bound to make. En. March 21, 1872.
$ 1932. When hirer may terminate the hiring. The hirer of a thing may terminate the hiring before the end of the term agreed upon:
1. When the letter does not, within a reasonable time after request, fulfill his obligations, if any, as to placing and securing the hirer in the quiet possession of the thing hired, or putting it into good condition, or repairing; or,
2. When the greater part of the thing hired, or that part which was and which the letter had at the time of the hiring reason to believe was the material inducement to the hirer to enter into the contract, perishes from any other cause than the ordinary negligence of the hirer. En. March 21, 1872.
Cal.Rep.Cit. 92, 552.
$ 1933. When hiring terminates. The hiring of a thing terminates:
1. At the end of the term agreed upon; 2. By the mutual consent of the parties;
3. By the hirer acquiring a title to the thing hired superior to that of the letter; or,
4. By the destruction of the thing hired. En. March 21, 1872.
Cal.Rep.Cit. 98, 425.
$ 1934. When terminated by death, etc., of party. If the hiring of a thing is terminable at the pleasure of one of the parties, it is terminated by notice to the other of his death or incapacity to contract. In other cases it is not terminated thereby. En. March 21, 1872.
$ 1935. Apportionment of hire. When the hiring of a thing is terminated before the time originally agreed upon, the hirer must pay the due proportion of the hire for such use as he has actually made of the thing, unless such use is merely nominal, and of no benefit to him. En. March 21, 1872.
For the compensation to which a depositary for hire is entitled upon a termination of the deposit, see ante, secs. 1853-1855.
HIRING OF REAL PROPERTY. $ 1941. Lessor to make dwelling-house fit for its purpose. $ 1942. When lessee may make repairs, etc. $ 1943. Term of hiring when no limit is fixed. § 1944. Hiring of lodgings for indefinite term. $ 1945. Renewal of lease by lessee's continued possession. $ 1946. Notice to quit. $ 1947. Rent, when payable. $ 1948. Attornment of a tenant to a stranger. $ 1949. Tenant must deliver notice served on him. $ 1950. Letting parts of rooms forbidden.
$ 1941. Lessor to make dwelling-house fit for its purpose. The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, which render it untenantable, except such as are mentioned in section nineteen hundred and twenty-nine. En. March 21, 1872. Am'd. 1873-4, 245. Cal.Rep.Cit. 59, 565; 59, 566; 66, 182; 76, 174 ; 81, 59;
86, 205; 86, 304 ; 92, 551; 92, 552; 102, 480; 124, 522; 124, 523; 128, 190. $ 1942. When lessee may make repairs, etc. If within a reasonable time after notice to the lessor, of dilapidations which he ought to repair, he neglects to do so, the lessee may repair the same himself, where the costs of such repairs do not require an expenditure greater than one month's rent of the premises, and deduct the expenses of such repairs from the rent, or the lessee may vacate the premises, in which case he shall be discharged from further payment of rent, or performance of other conditions. En. March 21, 1872. Am'd. 1873-4, 246. Cal.Rep.Cit. 59, 565 ; 59, 566; 72, 312; 76, 174 ; 86, 205 ;
92, 550; 92, 532; 102, 480; 102, 481; 110, 220; 124, 523; 128, 190. § 1943. Term of hiring when no limit is fixed. A hiring of real property, other than lodgings and dwelling-houses, in places where there is no usage on the subject, is presumed to be for one year from its commencement, unless otherwise expressed in the hiring. En. March 21, 1872.
8 1944. Hiring of lodgings for indefinite term. A hiring of lodgings or a dwelling-house for an unspecified term is