Dakota Hot Springs Co. v. Young
South Dakota Supreme Court
Appeal from circuit court, Pall River county. Hon. William Gardner, Judge. Action in forcible entry and detainer. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. “Where a lease does-not provide for re-entry in case of non-payment of rent, nor for a forfeiture or termination of the lease, in that event the mere non-payment of rent does not work a forfeiture.’’ Beal v. Bass, 29 Atl. 1088; Am. Dig. 1895, 2784; Park v. Hays, 22 S. W. 3; Am.
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Appeal from circuit court, Pall River county. Hon. William Gardner, Judge. Action in forcible entry and detainer. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. “Where a lease does-not provide for re-entry in case of non-payment of rent, nor for a forfeiture or termination of the lease, in that event the mere non-payment of rent does not work a forfeiture.’’ Beal v. Bass, 29 Atl. 1088; Am. Dig. 1895, 2784; Park v. Hays, 22 S. W. 3; Am. Dig. 1893, 2986; Haynes v. Union Inv. Co., 53 N. W. 979. If rent is three days in arrears, no notice or demand is…
1Opinion of the CourtCorson, P. J.
This was an action of forcible entry and detainer, brought to recover the possession of an hotel held by the defendant under a lease in words and figures as follows: “This agreement, made and entered into this 30bh day of July, 1894, by and between the Dakota Hot Springs Company and Clark Young witnesseth: That the Dakota Hot Springs Company leases to Mr. Young the hotel known as the ‘Hot Springs House’ until January 1st, 1896, at the monthly rental of fifteen (15) per cent, of the gross receipts of the hotel. The Dakota Hot Springs Company agrees to put the Hot Springs House in good…
2Cases cited6 opinions
- Chapman v. KirbyIllinois Supreme Court · 1868
- Chadwick v. ParkerIllinois Supreme Court · 1867
- Hodgkins v. PriceMassachusetts Supreme Judicial Court · 1884
- Jenkins v. JenkinsIndiana Supreme Court · 1878
- Hendrickson v. Beeson & SullivanNebraska Supreme Court · 1887
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