Wilcox v. Raddin

It does not seem to us that the notice given May 6, 1879, by appellant to appellee, ought to have any weight in fixing liability upon appellee for the rent of the premises in question for another year after the expiration of his lease, by tacit consent, because when the notice was given, appellee immediately vacated the premises. Had he remained after receiving the notice, that of itself would have been regarded as a tacit acquiescence in appellant’s position, unless appellee could have shown that he remained in possession under some new and other contract. So that if appellee can be held…