Simmons v. . Jarman
Supreme Court of North Carolina
Summary proceedings in ejectment commenced before a Justice of the Peace and heard on defendant’s appeal before Robinson, J„ at September Term, 1897, of Wayne Superior Court.
Read the full summary
Summary proceedings in ejectment commenced before a Justice of the Peace and heard on defendant’s appeal before Robinson, J„ at September Term, 1897, of Wayne Superior Court. On the trial W. R. Simmons, witness for the plaintiff, testified as follows: — “I am the agent of the plaintiff, who resides in the State of Tennessee, and I rented the premises in dispute to the defendant by the month, at $6 per month; rent payable monthly cash in advance, beginning January 1, 1896, with the privilege of a year. The house being in need of repairs it was agreed that the defendant should make the repairs,…
1Opinion of the Court
Furches, J.:
The plaintiff rented the premises in dispute to the defendant at the price of $3 per month, to be paid in advance — rental to commence on the 1st day of January, 1896, and the defendant was to have the privilege of retaining possession for the year. The defendant retained possession during the year 1896 and until the 22nd of June, 1897, when this proceeding was commenced.
This constituted a renting from month to month, commencing on the 1st day of January, 1896. And it is evident that the parties understood it to be by the calendar’ month, as the plaintiff speaks of receiving the…
2Cases cited5 opinions
- McAdoo v. Callum Bros.Supreme Court of North Carolina · 1882
- Branton v. . O'BriantSupreme Court of North Carolina · 1885
- Doe Ex Dem. Richburg v. BartleySupreme Court of North Carolina · 1853
- Meroney v. . WrightSupreme Court of North Carolina · 1879
- Den on the Demise of Jones v. WillisSupreme Court of North Carolina · 1862
3Cited by4 opinions
- Goler Metropolitan Apartments, Inc. v. WilliamsCourt of Appeals of North Carolina · 1979
- Lewis v. Lewis Nursery, Inc.Court of Appeals of North Carolina · 1986
- Dees v. . AppleSupreme Court of North Carolina · 1935
- Stafford v. . YaleSupreme Court of North Carolina · 1947