Crow v. Cann
Superior Court of Delaware
to Albert N. Sutton, a Justice of the Peace in and for New Castle County. The record of the Justice disclosed that the plaintiff below “ demised to William Crow, Jr., his house and land situate in Pencader Hun-dred near Kenney’s Station, no term being mentioned, April A. D. 1898, and that on the 17th day of December, A. D. 1898, the said William Crow, Jr., executed and signed an agreement waiving all benefits of notice to quit, and further agreed to vacate said premises on…
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to Albert N. Sutton, a Justice of the Peace in and for New Castle County. The record of the Justice disclosed that the plaintiff below “ demised to William Crow, Jr., his house and land situate in Pencader Hun-dred near Kenney’s Station, no term being mentioned, April A. D. 1898, and that on the 17th day of December, A. D. 1898, the said William Crow, Jr., executed and signed an agreement waiving all benefits of notice to quit, and further agreed to vacate said premises on the 19th day of December, A. D. 1898. The said term having expired, the said William Crow, Jr., has not delivered…
1Opinion of the Court
Lore, C. J.:
The exceptions are fatal. The statute (Rev. Code, Chap. 101, See. 6, p. 770) is mandatory, and prescribes in terms what the judgment shall be; that is, that the plaintiff shall have judgment for the possession of the premises, and for his costs. The verdict is in direct violation of the provisions of that statute.
The judgment below is reversed.
2Cited by1 opinion
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