Stein v. Hyman-Lewis Co.
Mississippi Supreme Court
From the circuit court of Leflore county. Hon. Sydney Smith, Judge. Stein, appellant, was plaintiff in the court below; the Hyman Lewis 0o., appellee, was defendant there. From a judgment in defendant’s fayor the plaintiff appealed to the supreme court.
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From the circuit court of Leflore county. Hon. Sydney Smith, Judge. Stein, appellant, was plaintiff in the court below; the Hyman Lewis 0o., appellee, was defendant there. From a judgment in defendant’s fayor the plaintiff appealed to the supreme court. Plaintiff sued defendant for rent on storehouses for the year-beginning April 14, 1906. He based his right of recovery on an alleged verbal contract of lease made during the latter part of the year 1905, before the expiration of a prior lease between the parties of the same premises. Later, about the last of December, 1905, defendant informed…
1Opinion of the Court
Whitfield, O. T.,
delivered the opinion of the court.
We think the testimony shows there was a valid verbal lease, made for the year from the 14th of April, 1906, to the 14th of April, 1901. Indeed, counsel for appellee do not seriously combat this contention. But we also think that the testimony shows a surrender of this lease and an acceptance of the surrender by the lessor, Stein. There is nowhere in the record any suggestion that Stein ever gave the appellee any notice *299that he would hold it for the rent for the year. In the ease of Auer v. Penn, 99 Pa. 370, 44 Am. Rep. 114, it appeared that…
2Cases cited5 opinions
- Auer v. PennSupreme Court of Pennsylvania · 1882
- Alsup v. BanksMississippi Supreme Court · 1891
- White v. BerrySupreme Court of Rhode Island · 1902
- Duffy v. DayMissouri Court of Appeals · 1890
- Kiernan v. GermainMississippi Supreme Court · 1884
3Cited by3 opinions
- Allen v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1947
- Weeks v. Cal-Maine Foods, Inc.Mississippi Supreme Court · 1987
- Conner v. JordinSuperior Court of Delaware · 1935