Legal Opinion

Smith v. Bell

Supreme Court of Minnesota

Decided November 22, 1890PublishedCited by 7 opinions

Action brought in the municipal court of St. Paul, to recover ■rent of a dwelling-house in that city, for the months of January, February, and March, 1890, at the rate of $50 per month, payable monthly in advance.

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Action brought in the municipal court of St. Paul, to recover ■rent of a dwelling-house in that city, for the months of January, February, and March, 1890, at the rate of $50 per month, payable monthly in advance. The defendant entered originally under a written lease for one year from August 15, 1888, at a rental of $50 per month, payable in advance on the first day of each month, and he continued in possession, paying rent, until December 31, 1889, when he removed from the house and sent the keys to plaintiff. Defence, that before the expiration of the term of the written lease the…

1Opinion of the CourtGilfillan, C. J.

There is nothing in the case from which to determine the character of defendant’s tenancy, from year to year or from month to month, but the bare facts that his-holding was at first under-a written lease for one year from August 15, 1888, rent payable-monthly, and that after the end of that term he remained in possession, paying the rent monthly as before.

Where a tenant thus holds over, the landlord may elect to treat him as a tenant at sufferance, or a tenant from year.to year or from month to month, according to the character of his prior tenancy. Acceptance of rent according to the terms…

2Cited by7 opinions

  1. Scott v. BeecherMichigan Supreme Court · 1892
  2. Hunter v. FrostSupreme Court of Minnesota · 1891
  3. Hildebrandt v. NewellSupreme Court of Minnesota · 1937
  4. King v. Durkee-Atwood Co.Supreme Court of Minnesota · 1914
  5. Kean v. Story & Clark Piano Co.Supreme Court of Minnesota · 1913

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