Atkinson v. Cole
Supreme Court of Colorado
Error to Arapahoe County Court. Action by landlord to recover $100 rent from tenant for the use of certain premises for the month of September, A. D. 1881, and also for possession of the demised premises. For some time prior to said month of September, Atkinson, plaintiff in error, had occupied the premises under a verbal agreement with defendant in error, Cole, to pay him as rent for the same $25 per month, payable at the end of each month.
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Error to Arapahoe County Court. Action by landlord to recover $100 rent from tenant for the use of certain premises for the month of September, A. D. 1881, and also for possession of the demised premises. For some time prior to said month of September, Atkinson, plaintiff in error, had occupied the premises under a verbal agreement with defendant in error, Cole, to pay him as rent for the same $25 per month, payable at the end of each month. Atkinson claimed that this' agreement was for the period of one year, which time had not yet expired, while Cole denies this, and alleges that the…
1Opinion of the CourtJustice Hayt
The conclusion'of-the: trial court that Atkinson’s tenancy was from month to month only is amply supported by the evidence, and'cannot be disturbed in this court. The case, therefore, presents but a single question for our consideration, viz., can a landlord, against his tenant’s objection, arbitrarily fix by notice the amount of rent which the latter must pay when holding over after the expiration of the term of such tenant’s lease? The trial court decided the landlord had- such right. Its conclusion was probably founded to some extent upon the opinion of the case of Hurd v. Whitsett, 4…
2Cases cited4 opinions
- Hurd v. WhitsettSupreme Court of Colorado · 1878
- Meaher v. PomeroySupreme Court of Alabama · 1873
- Galloway v. KerbyAppellate Court of Illinois · 1881
- Gallagher v. HimelbergerIndiana Supreme Court · 1877
3Cited by5 opinions
- Colyear v. TobrinerCalifornia Supreme Court · 1936
- Belnap v. FoxUtah Supreme Court · 1926
- Schickedantz v. RinckerNebraska Supreme Court · 1905
- Wittenberg v. BrownConnecticut Superior Court · 1938
- Wittenberg v. BrownPennsylvania Court of Common Pleas · 1938