Holton v. . Andrews
Supreme Court of North Carolina
Appeal by plaintiff from Webb, J., July Term, 1909, of MECKLENBURG. Action for damages fori breach of contract, appealed to the Superior Court by plaintiff from a magistrate’s judgment. The facts are stated in the opinion of the Court.
1Opinion of the CourtClark, C. J.
The premises were leased for one year, from 1 June, 1907, rent payable monthly. The lease contained this provision: “The parties of the first part bind themselves, upon the request of the party of the second part, in writing, to renew this lease, without change in terms, from year to year, for a period of four years.” On 1 June, 1908, the defendant continued in possession of the store, without making such request, in writing or otherwise, paying rent monthly, as before. In January, 1908, erroneously conceiving that he was therefore renter from month to month, the defendant gave due notice, as…
2Cases cited1 opinion
- Harty v. Harris & KeeslerSupreme Court of North Carolina · 1897
3Cited by16 opinions
- Monger v. . LutterlohSupreme Court of North Carolina · 1928
- First-Citizens Bank & Trust Co. v. FrazelleSupreme Court of North Carolina · 1946
- Clark Millinery Co. v. National Union Fire InsuranceSupreme Court of North Carolina · 1912
- Coulter v. Capitol Finance CompanySupreme Court of North Carolina · 1966
- Kearney v. HareSupreme Court of North Carolina · 1965
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