McAllister v. Miller

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case involves the question of the termination of a tenancy at will from month to month without giving the thirty-day statutory notice, by the abandonment of the premises by the tenant and filing of a divorce action against his wife,' who continued to occupy the premises when the landlady had knowledge of such facts; and the further question of whether the landlady is estopped from enforcing such contract for the unpaid rent by having received the rent for many months from the wife. The court rendered judgment against…