Roos v. John Shillito Co.

OPINION

By HAMILTON, J.

The law is, that the possession must be commenced with and in consequence of the contract. If the possession can be separated. from the claiméd agreement, then the statutes apply. The acts relied on to take the case out of the statute must be unequivocal.

Roos, at the time she claims the two year verbal lease was entered into was, and had been for some time, a month to month tenant of the premises in question. The monthly rent for the succeeding two years was the same. No time was fixed for the beginning of any term under the claimed lease. There was no change in the…