Caldwell v. Boedeker

The majority conclude that Mrs. Caldwell, in possession of the Alamo Hotel, is vested with the rights of a tenant at will.

But the facts are that the landlord, on every occasion, expressly withheld his assent to any rental contractual relation with her. There can be no ten*470ancy at will in the absence of a contractual relation, expressed or implied.

The majority imply a contractual relation from the fact that the tenant offered, and the landlord accepted, rent for one month in advance. But the statute, 41 O. S. 1941 §19, in derogation of common law, renders a tenant at sufferance liable for rent.

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