Legal Opinion

Irvine v. Scott

Court of Appeals of Kentucky

Decided February 24, 1887PublishedCited by 9 opinions

Cabe 37 — FORCIBLE DETAINER APPEAL FROM FAYETTE CIRCUIT COURT. In consequence of the transactions between appellant and appellee after the expiration of the lease, appellant became at. the least a tenant at will (if not entitled to hold another year), and could not be evicted except after legal notice.

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Cabe 37 — FORCIBLE DETAINER APPEAL FROM FAYETTE CIRCUIT COURT. In consequence of the transactions between appellant and appellee after the expiration of the lease, appellant became at. the least a tenant at will (if not entitled to hold another year), and could not be evicted except after legal notice. (Addison on Contracts, p. 328; Ibid., sec. 742, p. 408; Conway v. Starkweather, 1 Den., 113.) 1. A holding over by the tenant, if for less than ninety days after the ex- ■ piration of the lease, does not give him the right to hold another -year, nor is he entitled to notice to quit. (Gen.…

1Opinion of the Court

CHIEE JUSTICE PRYOR

delivered the opinion of the court.

This is a controversy between the landlord and tenant in regard to the possession of a stable in the city of *262Lexington. It appears from the agreed state of facts that the appellant had rented this stable of the appellee for a number of years by parol. The renting was by the year, at the rate of twenty dollars per month, the rent payable monthly. On the 8th of October, 1882, the appellant and appellee entered into a written contract, by which appellant rented the stable for one year, at the price of two hundred and forty dollars, the rent…

2Cases cited1 opinion

  1. Mendel v. HallCourt of Appeals of Kentucky · 1877

3Cited by9 opinions

  1. Maxon v. LaneIndiana Supreme Court · 1890
  2. Wabash Drilling Company v. EllisCourt of Appeals of Kentucky (pre-1976) · 1929
  3. J. W. Reccius & Bro. v. Columbia Finance & Trust Co.Court of Appeals of Kentucky · 1905
  4. Codell v. American Surety Co.Court of Appeals for the Sixth Circuit · 1945
  5. Farmers' Bank v. OrrIndiana Court of Appeals · 1899

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