Withers v. Larrabee
Supreme Judicial Court of Maine
Reported from Nisi Prim. Petition for Review of an action, in which the defendant in review recovered of the plaintiffs rent of a store for two quarters.
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Reported from Nisi Prim. Petition for Review of an action, in which the defendant in review recovered of the plaintiffs rent of a store for two quarters. The original writ was dated Sept. 23, 1856, on account annexed, for balance of rent of a store from Sept. 15, 1855, to Sept. 15, 1856, being $125. It was proved that Larrabee verbally leased the store, the rent of which is in controversy, to the plaintiffs in review, for $250 per annum, payable quarterly; that they entered into possession Sept. 15, 1855, and paid the first quarter’s rent when due; that, some days before the end of the second…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, J.
According to the facts, as reported, the petitioners were tenants at will of the defendant. B. S., 1841, c. 95, § 19.
It was held in Ellis v. Paige, 1 Pick., 43, that a tenant at will is not entitled to notice to quit, and that the tenancy is determinable at the will of either party. The Supreme Court of Massachusetts were divided in opinion in that case, as appears in Coffin v. Lunt, 2 Pick., 70, but the principles of that decision were fully affirmed in this State, in Davis v. Thompson, 13 Maine, 209, in which Weston, C. J., uses the…
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