Elkins National Bank v. Nefflen

Woods, Judge:

This is an action of unlawful detainer. The tenant, who had held over after the expiration of his lease, at tacks a judgment of ouster on the theory that his tenancy was on the basis of a six months’ term, entitling him to three months’ notice to vacate, whereas he was given only one month’s notice.

Sometime before the expiration date (July 1, 1933) of a three-year lease, the tenant notified the plaintiff bank, his landlord, by letter, that he would not be able to retain possession of the property at the stipulated rental after the expiration date, but that if the landlord would…