The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-02-03
RAGAN LEASE
HOLDS GOOD
IN THE LAW
Provisions Must Be
Carried Out.
OBLIGATIONS OF EACH PARTY
IMPROVEMENTS MUST BE MADE
By LESSOR.
Expense for the Ordinary Fittings
Of the Proposed Police Station
Must Be Borne by
the City.
OBLIGATIONS OF EACH PARTY
IMPROVEMENTS MUST BE MADE
BY LESSOR.

City and County Attorney Lane has
| submitted an opinion to the Board of SUI
pervisors in which he holds that the lease
Of the Stanyan-street property of DR.. D.
F. Ragan to the city for a police station
Is valid and binding upon both parties at
| interest. He also holds that DR.. Raglan
| must make all improvements Of a perma-
| nent character.
| This is the lease entered into by the
! Health and Police Committee of the last
| Board of Supervisors and afterward APP
| proved by the entire board The validity
| of the lease was questioned, as was an
agreement attached to 1t in which Dr.
Raglan agreed that all the expenses for
the necessary repairs of said station shall
| be borne by said D. F. Raglan :"
to the end that the premises shall be
turned over to the city and county of San
| Francisco, ready for occupancy, for the
purposes designated in said lease, pro-
vided, however, that fixtures not part
of the building shall be placed on said
premises at the expense Of the party of
| the second part" In this instance the
party Of the second part is the city and
| county.
i The main portion of Attorney Lanes
opinion is devoted to consideration Of the
contraction to be placed upon that sec
ton of the lease relating to the fixtures"
| He holds 1t is the duty of the lessor, DR..
Raglan, to turn the premises over to the
| city in tit condition to be used as a po-
| lice station, and to bear the expense him
SELF except where fixtures which are
| not a part of the building may be re-
quired. These must be supplied at the
expense of the city.
i In the opinion of Attorney Lane he does
not believee the lessor can be required,
under what he calls this loosely drawn
and ambiguous agreement" to fit up the
| premises with every convenience, or even
with every fixture that the Police Depart
ment might desire or think convenient.
! The fixtures not absolutely necessary to
! fit the premises for use as police sta
| ton the city cannot compel the lessor to
! pay for The lessor, DR.. Raglan, must
place the building in such repair that
| when turned over to the city 1t can be
used as a police station upon being fitted
| out by the city with such interior fur
nishings or fittings as may be desired. If
the building cannot be used as a police
nent nature the lessor has not complied
with the agreement until he has furnished
| the same. Passing upon the interpreta-
ton of the word fixtures in the lease
Attorney Lane says:
The usual meaning attached to the word
fixtures in law is just the reverse of that
evidently intended in the agreement Just
referred to, that is to say, 1t usually signi-
fes something that is attached to the build
the agreement under consideration uses the
expression fixtures not part of the build
ing" ! am of the opinion that by this
| phrase intended such fittings and fur
nishngs commonly spoken of by
business trade fixtures,' or store
and office fittings being inside arrange
ments for the convenience of the particular
occupant.