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.
Cal. Civ. Code § 1935
Hiring in General
Applied in 7 court decisions — leading case 17 Cal. 3d 129 - Birkenfeld v. City of Berkeley (1976)
Most recently applied in 17 Cal. 3d 129 - Birkenfeld v. City of Berkeley (June 1976)
Enacted 1872.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.