Webb v. Cook
Supreme Court of South Carolina
Before Whaley, Comity Judge, Richland, March term, 1918. Proceeding by Amanda M. Webb and another against C. J. Cook. From the judgment of the County Court affirming the judgment of a magistrate for plaintiffs, defendant appeals. submit: That appellant’s tenancy was from year to year and should have had.a reasonable notice as to the termination of his tenancy: 44 S. C. 460; 4 Rich. 23. submit: That appellant’s tenancy zvas not a tenancy from year to year, but zoas for a…
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Before Whaley, Comity Judge, Richland, March term, 1918. Proceeding by Amanda M. Webb and another against C. J. Cook. From the judgment of the County Court affirming the judgment of a magistrate for plaintiffs, defendant appeals. submit: That appellant’s tenancy was from year to year and should have had.a reasonable notice as to the termination of his tenancy: 44 S. C. 460; 4 Rich. 23. submit: That appellant’s tenancy zvas not a tenancy from year to year, but zoas for a fixed and definite term, expiring with ipij, and appellant was entitled to notice at all: Code of Raws 1912, sec. 350; 44 S.…
1Opinion of the Court
July 5, 1918. The opinion of the Court was delivered by Webb is owner of a farm. Cook was tenant of the same in 1914, 1915, 1916 and 1917 under a separate parol contract made for each year. For the year 1918 Webb let the farm to Meetze for a higher rent than Webb had paid, and so advised Cook on January 3, 1918. Cook refused to give up the possession, because he understood that he was entitled to 90 days' notice before January 1, 1918, from Webb that the tenancy should end on January 1, 1918. A magistrate proceeded under section 3509 of the Code of Laws to eject Cook. The defendant denied at…
2Cited by1 opinion
- Dubois v. CarterSupreme Court of South Carolina · 1925