Burns v. . Bryant
New York Court of Appeals
This is an appeal from a judgment of the Superior Court of Buffalo. It appears that the defendant was in possession of a parcel of land, some five acres, which had no dwelling on it, and was partly cultivated and partly in grass, and which land belonged to one P. B. Eaton. On the trial Eaton testified that he told the defendant he might use the premises until he wanted them, but must give them up whenever he should want them for any purpose.
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This is an appeal from a judgment of the Superior Court of Buffalo. It appears that the defendant was in possession of a parcel of land, some five acres, which had no dwelling on it, and was partly cultivated and partly in grass, and which land belonged to one P. B. Eaton. On the trial Eaton testified that he told the defendant he might use the premises until he wanted them, but must give them up whenever he should want them for any purpose. This evidence was corroborated and was not contradicted. It did not appear that the defendant had paid any rent, or that any was received, or that any…
1Opinion of the Court
The defendant was in possession, holding for no particular time, paying no rent, making no compensation for the use of the land, but under agreement to surrender the premises whenever the landlord should require the possession. He was clearly a tenant at will (Post v. Post, 14 Barb., 253, and cases and authorities cited there). As such tenant at will the defendant was entitled to one month's notice to quit and surrender the premises. (3 R.S., 5th ed., p. 35, §§ 7, 8, 9.) The duration of the tenancy is uncertain, and the landlord cannot eject the tenant summarily. He has one calendar month in…
2Cases cited1 opinion
- Post v. PostNew York Supreme Court · 1852
3Cited by11 opinions
- Harris v. . FrinkNew York Court of Appeals · 1872
- Larned v. . HudsonNew York Court of Appeals · 1875
- Morgan v. PowersNew York Supreme Court · 1894
- Brown v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Alexander v. GriswoldNew York Court of Common Pleas · 1892
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