Lamew v. Townsend
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; D. H. Coleman, Judge; 1. The contract created a tenancy from year to year; and, if it did not, a tenancy of that kind resulted from the holding over by the tenant and the payment of rent from year to year without a new contract. 1 Taylor on Land! & Ten., p. 39; 61 Ark. 377. 2. Unless a different length of time is fixed by the contract or by statute, a tenancy from year to year can not be determined except by notice given…
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Appeal from Lawrence Circuit Court, Eastern District; D. H. Coleman, Judge; 1. The contract created a tenancy from year to year; and, if it did not, a tenancy of that kind resulted from the holding over by the tenant and the payment of rent from year to year without a new contract. 1 Taylor on Land! & Ten., p. 39; 61 Ark. 377. 2. Unless a different length of time is fixed by the contract or by statute, a tenancy from year to year can not be determined except by notice given at least six months before the end of the current year. Taylor on Landl. & Ten., p. 90; 65 Ark. 474; 70 Id. 351. No…
1ConcurrenceMcCulloch, C. J.
I think that the holding over by the tenant after the expiration of the first year expressed in the written contract created a tenancy “from year to year,” and that notice for six months prior to the end of the year was essential to terminate the tenancy. Holding over under the particular contract involved in this case created a typical tenancy from year to year. The original contract did not bind the parties to a renting for more than one year, and at the end of that period the contract terminated itself at the will of either party without notice. It may be true, as stated in the opinion of…
2Cases cited1 opinion
- Waterman v. LeSageWisconsin Supreme Court · 1910