Hunter v. Porter
Idaho Supreme Court
APPEAL from District Court in and for Latab County. Honorable Edgar C. Steele, Judge. From a judgment for plaintiff and an order denying defendant’s motion for a new trial, defendant appeals. It is first contended that the court erred in not granting the nonsnit. The thirty days’ notice provided in the lease was not given; hence the lease has never terminated.
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APPEAL from District Court in and for Latab County. Honorable Edgar C. Steele, Judge. From a judgment for plaintiff and an order denying defendant’s motion for a new trial, defendant appeals. It is first contended that the court erred in not granting the nonsnit. The thirty days’ notice provided in the lease was not given; hence the lease has never terminated. The action for “unlawful detainer” is based upon the idea that the relation of landlord and tenant existed, but through some event — lapse of time, or breach of condition and notice — the tenancy has terminated, and notwithstanding the…
1Opinion of the Court
AILSHIE, J. —
On the twenty-third day of August, 1901, the plaintiff and defendant entered into a written agreement of lease, whereby the plaintiff let to the defendant a cold storage building in the city of Kendrick, Latah county, for a period of one year. It was agreed that in addition to doing certain work and making certain improvements the lessee should pay the sum of $300 as rental for the premises; $100 to be paid on or before the fifteenth day of September, 1901, and $200 on or before the fifteenth day of January, 1902. Defendant, the lessee, entered into possession of the premises and…
2Cases cited19 opinions
- Railroad Co. v. SmithSupreme Court of the United States · 1874
- Ralph v. LomerWashington Supreme Court · 1891
- Stevens v. Home Savings & Loan Ass'nIdaho Supreme Court · 1898
- Phillips v. Port Townsend Lodge, No. 6Washington Supreme Court · 1894
- Lane v. Pacific & Idaho Northern Railway Co.Idaho Supreme Court · 1902
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3Cited by41 opinions
- Riverside Development Co. v. RitchieIdaho Supreme Court · 1982
- Income Properties Investment Corp. v. TrefethenWashington Supreme Court · 1930
- Olds Bros. Lumber Co. v. RushingArizona Supreme Court · 1946
- Utah Ass'n of Credit Men v. BudgeIdaho Supreme Court · 1909
- Enders v. Wesley W. Hubbard and Sons, Inc.Idaho Supreme Court · 1973
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