Montgomery v. Willis
Nebraska Supreme Court
Error from the district court of Dawes county. Tried below before Kinkaid, J. The facts are stated by the commissioner. By holding the premises over the period of the lease,, the defendant became a tenant from year to year.
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Error from the district court of Dawes county. Tried below before Kinkaid, J. The facts are stated by the commissioner. By holding the premises over the period of the lease,, the defendant became a tenant from year to year. (Hwnter v. Frost, 49 N. W. Rep. [Minn.], 327; Sooit v. Beecher, 52 N. W. Rep. [Mich.], 20; Haynes v. Aldrich, 31 N. E. Rep. [N. Y.], 94.) .The measure of damages by reason of defendant’s abandonment of the premises is the difference between the rent plaintiffs should have received and the amount they actually did receive on reletting. (Respien v. Porta, 26 Pac. Rep.…
1Opinion of the Court
Irvine, C.
This was an action for rent by Montgomery and Crites against George H. Willis and John U. Willis, the petition alleging that the plaintiffs leased certain premises to the defendants, who were partners, for one year from the 15th of April, 1890, reserving a rent of $35 per month, payable on the 15th day of each month; that at the expiration of the term the defendants, with the consent of plaintiffs, held over and became bound for another term of one year from the 15th of April, 1891; that on the 15th day of August they abandoned the premises and refused to pay further rent, to the…
2Cases cited4 opinions
- Grant v. WhiteSupreme Court of Missouri · 1868
- Shipman v. MitchellTexas Supreme Court · 1885
- Critchfield v. RemaleyNebraska Supreme Court · 1887
- Secor v. PestanaIllinois Supreme Court · 1865
3Cited by18 opinions
- State v. CooleyNebraska Supreme Court · 1952
- Bradley v. SlaterNebraska Supreme Court · 1897
- Street-Whittington Co. v. SayresCourt of Appeals of Texas · 1915
- Barnes v. DavittNebraska Supreme Court · 1955
- Murrill v. . PalmerSupreme Court of North Carolina · 1913
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