Rollins v. Moody
Supreme Judicial Court of Maine
EXCEPTIONS from superior court, Kennebec. The facts sufficiently appear in the opinion. E. S., c. 94, § 2, provides that "all tenancies at will may be determined by either party by thirty days’ notice in writing for tliat purpose given to the other party, and not otherwise except hy mutual consent.”
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EXCEPTIONS from superior court, Kennebec. The facts sufficiently appear in the opinion. E. S., c. 94, § 2, provides that "all tenancies at will may be determined by either party by thirty days’ notice in writing for tliat purpose given to the other party, and not otherwise except hy mutual consent.” Under this statute, for bow long a time, is a tenant at will, liable to pay rent for premises be has vacated and given up to Ms landlord, simply because his notice to the landlord was verbal and not in writing ? The defendants contend, if no time was fixed by the parties, at which rent should be…
1Opinion of the CourtPeters, J.
The parties agreed upon a verbal lease of a store for five years. This created only a tenancy at will. Under our statute, such a tenancy can be determined by either party " by thirty days’ notice in writing for that purpose given to the other party, and not otherwise except by mutual consent.”
After occupying a year and a half, without giving any written notice at all, the defendants abandoned the store, leaving it unoccupied for two years. The plaintiff knew of the abandonment and refused to accept possession. The rent was payable half yearly. The action is to recover, among other claims, for…
2Cases cited3 opinions
- Wood v. WilcoxCourt for the Trial of Impeachments and Correction of Errors · 1845
- Barlow v. WainwrightSupreme Court of Vermont · 1849
- Hall v. . Western Transportation Co.New York Court of Appeals · 1866
3Cited by2 opinions
- Arbenz v. Exley, Watkins & Co.West Virginia Supreme Court · 1905
- Betz v. MaxwellSupreme Court of Kansas · 1892