Hampton Park Terrace v. Sottile
Supreme Court of South Carolina
Before Rice, J., Charleston, April, 1914. Action by Hampton Park Terrace, Inc., against James Sottile. From order of nonsuit, the plaintiff appeals.
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Before Rice, J., Charleston, April, 1914. Action by Hampton Park Terrace, Inc., against James Sottile. From order of nonsuit, the plaintiff appeals. The facts are stated in the opinion. submit: Lease was from year to year: 27 N. W. 647; and not to be recorded under Civil Code, sec. 3500: 31 S. C. Eq. 149; 15 S. C. 171; 31 S. C. E. 346. Notice necessary to terminate lease: 44 S. C. 526. A lease from year to year is not for more than a year: 18 N. W. 523. cite: Civil Code, sec. 3500; 162 Mass. 473; 39 N. E. 280; 83 N. E. 870.
1Opinion of the Court
The opinion of the Court was delivéred by
Mr. Justice Fraser.
This is an action for breach of warranty’.
The respondent, Mr. Sottile, leased ¿ tract of land to Henry Dunneman, by a written lease for a term commencing 1st July, 1910, to 30th June, 1911, with a provision that in order to terminate the lease by either party, the one desiring to terminate the lease should give six months’ notice to the other, or the tenancy should continue from year to year. The lease was not recorded. On 16th May, 1911, Mr. Sottile conveyed the ‘pretnises to the Charleston Improvement Company; on the 12th January,…
2Cases cited4 opinions
- Talamo v. . SpitzmillerNew York Court of Appeals · 1890
- Wallace v. ScogginsOregon Supreme Court · 1889
- Wilson v. RodemanSupreme Court of South Carolina · 1889
- Hellams v. PattonSupreme Court of South Carolina · 1895
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