Stoner v. Zucker – Case Brief
Stoner v. Zucker, 148 Cal. 516, 83 P.2d 808 (1906).
Facts: Zucker (D) and other defendants obtained a license to the use of Stoner’s (P) land and built an irrigation ditch to be used in connection with Zucker’s property. One year later Stoner gave notice of his intent to terminate the license. Zucker continued to enter Stoner’s land to repair and maintain the ditch.
P sued D for trespass and to enjoin them from entering his land. The lower court recognized that D had incurred great expense in constructing and maintaining the ditch found that they had a right of way in P’s land. P appealed.
Issue: Is a license which is by its nature continuous in use, and whose execution has involved the expenditure of money by the licensee, irrevocable?
Holding and Rule: Yes. Where a licensee has entered under a license and has expended money or its equivalent in labor in the execution of the license, it becomes irrevocable, and the license will continue for so long a time as the nature of it calls for.
P argued that licenses should act with the understanding that licenses are revocable by nature. The court noted that although this had been a longstanding rule, many courts were hesitant to enforce it where the licensee had expended a significant amount of money or labor in reliance on the license. The court adopted the opposite position generally based on the doctrine of estoppel.
Disposition: Affirmed.