J. W. Reccius & Bro. v. Columbia Finance & Trust Co.
Court of Appeals of Kentucky
Case 60. — ACTION BY THE COLUMBIA FINANCE AND TRUST CO. AGAINST J. W. RECCIUS & BRO. Appeal from Jefferson Circuit Court, Common Pleas Branch, Second Division. Thos. R. Gordon, Judge. Judgment for plaintiff. Defendant appeals.. POINTS AND AUTHORITIES. 1. A tenancy from month to month for an indefinite period of time, -such as the tenancy in the case at bar, is a tenancy at will within the meaning of sec. 2326, Ky.
Read the full summary
Case 60. — ACTION BY THE COLUMBIA FINANCE AND TRUST CO. AGAINST J. W. RECCIUS & BRO. Appeal from Jefferson Circuit Court, Common Pleas Branch, Second Division. Thos. R. Gordon, Judge. Judgment for plaintiff. Defendant appeals.. POINTS AND AUTHORITIES. 1. A tenancy from month to month for an indefinite period of time, -such as the tenancy in the case at bar, is a tenancy at will within the meaning of sec. 2326, Ky. Stats., and a thirty days’ notice in writing is necessary to terminate it. 2. If sec. 2326, Ky. Stats., does not apply to periodical tenancies of Indefinite duration, including…
1Opinion of the Court
*480Opinion by
Judge O’Rear.
Affirming.
Appellant was the tenant of appellee, having rented from it a storehouse on Fourth street in the .city of Louisville, originally for the term of one year. At the expiration of the year, the parties being unable to agree upon a renewal of the lease, it.was agreed that the tenant should continue in the possession and use of the premises as tenant by the month, but was to have one month’s notice before being required to quit. This was a tenancy from month to month, with the option to the tenant to renew at the beginning of each monthly period, unless he had had…
2Cases cited5 opinions
- Myers v. Kingston Coal Co.Supreme Court of Pennsylvania · 1889
- Irvine v. ScottCourt of Appeals of Kentucky · 1887
- Mendel v. HallCourt of Appeals of Kentucky · 1877
- Jones v. KrollSupreme Court of Pennsylvania · 1887
- Haley v. Hickman's HeirsCourt of Appeals of Kentucky · 1821
3Cited by7 opinions
- Pack v. FeuchtenbergerCourt of Appeals of Kentucky (pre-1976) · 1929
- Pulliam v. SellsCourt of Appeals of Kentucky · 1907
- Delph v. Bank of HarlanCourt of Appeals of Kentucky (pre-1976) · 1942
- Pullum v. RheaCourt of Appeals of Kentucky · 1923
- Hundley v. Milner Hotel Management Co.District Court, W.D. Kentucky · 1953
2 more not listed; retrieve them via the Exa API.