Shirk v. Hoffman
Supreme Court of Minnesota
Appeal by plaintiff, E. W. Shirk, from a judgment of the Municipal Court of the City of St. Paul, II. W. Cory, J., entered November 20, 1893. Plaintiff owns No. 473 Rosabel Street in St. Paul and on December 1, 1890, leased it to defendants, John H. Hoffman and Frank Hoffman, for one month from that date at the monthly rental of $12 payable in advance.
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Appeal by plaintiff, E. W. Shirk, from a judgment of the Municipal Court of the City of St. Paul, II. W. Cory, J., entered November 20, 1893. Plaintiff owns No. 473 Rosabel Street in St. Paul and on December 1, 1890, leased it to defendants, John H. Hoffman and Frank Hoffman, for one month from that date at the monthly rental of $12 payable in advance. They entered and continued in possession and paid the rent monthly to February 1,1892, and then without giving any notice vacated the premises and refused to pay rent thereafter. Plaintiff brought this action to recover ten months rent to…
1Opinion of the CourtGilfillan, C. J.
At the common law, when a tenant for a fixed term, as for a year, held over after the expiration of his term, paying-rent, he was strictly a tenant at will, but as tenancies at will, from their uncertain nature, were not favored, there gradually grew up the requirement that, to terminate the tenancy, notice must be *231given of an intention to terminate at the end of the current period. So that, where the original term was one year, the tenancy, upon the holding over and payment and reqeipt of rent, became in effect one, not at will strictly, nor for a fixed term, but from year to year. So where…
2Cases cited2 opinions
- Pine County v. LambertSupreme Court of Minnesota · 1894
- Eastman v. VetterSupreme Court of Minnesota · 1894
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