Schwoebel v. Fugina
North Dakota Supreme Court
Appeal from District Count, Eddy county; Glaspell, J. Action by G. J. Schwoebel against George E. Fugina. Judgment for plaintiff, and defendant 'appeals. Neither failure to .pay rent, nor owner’s- demand of possession, terminated his tenancy in the absence of agreement to that effect, or notice to quit the premises.
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Appeal from District Count, Eddy county; Glaspell, J. Action by G. J. Schwoebel against George E. Fugina. Judgment for plaintiff, and defendant 'appeals. Neither failure to .pay rent, nor owner’s- demand of possession, terminated his tenancy in the absence of agreement to that effect, or notice to quit the premises. Section 3346-3350, Rev. Codes 1899; Sto-ppelkamp v. Mangeot et al., 42 Cal. 316. A tenancy from year to year i-s certain for the year pending, with a springing right for succeeding years, on- failure of parties to terminate by the required notice. 18 Am. & Eng. Enc. Law (2d Ed.)…
1Opinion of the CourtEngerud, J.
This is an appeal by defendant from a judgment for plaintiff, entered' pursuant -to the verdict, in an action to recover for the use and occupation of about 120 acres of farming land in Eddy county during -the farming seasons of 1901 and 1902.
The substance of the allegations of the complaint were as follows : First. That the land in question was owned by Joseph Fugina an-d Marcus Fugina from the 1st -day -of January, 1886, until the 1st day of April, 1901. Second. That some time between the years 1886 and 189-5 the defendant and his father were permitted to ent-er into the possession of said…
2Cases cited9 opinions
- Rea v. MissouriSupreme Court of the United States · 1873
- Tillotson v. Doe ex dem. KennedySupreme Court of Alabama · 1843
- Hall v. DeweySupreme Court of Vermont · 1838
- State v. BunkerSouth Dakota Supreme Court · 1895
- Fusselman v. WorthingtonIllinois Supreme Court · 1852
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3Cited by3 opinions
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1953
- Mathews v. HansonNorth Dakota Supreme Court · 1910
- Holtan v. BeckNorth Dakota Supreme Court · 1910