Ames v. Schuesler
Supreme Court of Alabama
Writ of Error to the Circuit Court of Montgomery. Before the Hon. G. Goldthwaite. Assumpsit by the plaintiff in error. The defendants in error, who were tenants of the plaintiff in error, held over for about two months after the expiration of the period when the term expired, and then offered to deliver the premises to an agent of the plaintiff, who declined to receive it, and informed them they would be looked to for the year’s rent.
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Writ of Error to the Circuit Court of Montgomery. Before the Hon. G. Goldthwaite. Assumpsit by the plaintiff in error. The defendants in error, who were tenants of the plaintiff in error, held over for about two months after the expiration of the period when the term expired, and then offered to deliver the premises to an agent of the plaintiff, who declined to receive it, and informed them they would be looked to for the year’s rent. The first quarter’s rent was paid by the defendants, and this-suit was to recover the second and third quarters. The plaintiff asked the court to charge the…
1Opinion of the CourtChilton, J.
It is well settled, that where there is a lease at a stipulated annual rent, and the tenant holds over after the expiration of the lease, without having made any new agreement as to the rent, the law implies the tenant holds from year to year, at the original rent. See Abeel & Abeel v. Radcliff, 15 Johns. R. 505; Evertsen v. Sawyer, 2 Wend. 507; Osgood v. Dusey, 13 Johns. R. 240; Right ex dem. &c. v. Dailey, 1 D. & E. 159; Harkins v. Pope, 10 Ala. Rep. 493 ; Diller v. Roberts, 13 Serg. & R. 60; Doe ex dem. &c. v. Bell, 4 Wend. 327. In this case the tenants held over about one month, without…
2Cases cited3 opinions
- Evertsen v. SawyerNew York Supreme Court · 1829
- Jackson ex dem. Wood v. SalmonNew York Supreme Court · 1830
- Harkins v. PopeSupreme Court of Alabama · 1846
3Cited by8 opinions
- Clinton Wire Cloth Co. v. GardnerIllinois Supreme Court · 1881
- Thiebaud v. First National BankIndiana Supreme Court · 1873
- Schuisler & Donnell v. AmesSupreme Court of Alabama · 1849
- Benje v. Creagh's Adm'rSupreme Court of Alabama · 1852
- Chamberlain v. Godfrey's AdministratorSupreme Court of Alabama · 1874
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