Howard v. Tomicich
Mississippi Supreme Court
From the circuit court of Copiah county. Hon. Robert Powell, Judge. Tomicicb, appellee, was plaintiff in the court below, Howard, appellant (doing business under the name of W. S. Howard & Co.), was defendant there. The action was a proceeding to remove a tenant holding over, under code of' 1892, § 2515. From a judgment in plaintiff’s favor defendant appealed to the supreme court.
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From the circuit court of Copiah county. Hon. Robert Powell, Judge. Tomicicb, appellee, was plaintiff in the court below, Howard, appellant (doing business under the name of W. S. Howard & Co.), was defendant there. The action was a proceeding to remove a tenant holding over, under code of' 1892, § 2515. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The lease involved was in these words : “Hazlehurst, Miss., Dec. 6th, 1900. 11 This agreement, made and entered into on day and date above, by and between C. Baas and W. S. Howard & Co., is in effect as follows:…
1Opinion of the CourtTerral, J.
W. S. Howard & Co. leased of Baas, appellee’s grantor, a storehouse in Hazlehurst for the year 1901 for $30 per month rent. The written contract specially provided that it should be of force from January 1, 1901, to January 1, 1902, “with privilege of longer. ’ ’ Tomicich having bought the premises of Baas, gave Howard & Co. due notice to terminate the tenancy; yet Howard .& Co. declined to quit and deliver up the premises, contending that under the clause, ‘ ‘ with privilege of longer,” he was entitled to a new lease for the year 1902 at $30 per month rent. An action was brought under' ch.…
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