Legal Opinion

Wilson v. Rodeman

Supreme Court of South Carolina

Decided February 28, 1889PublishedCited by 10 opinions

Before Norton, J., Charleston, June, 1888. The judgment of the Circuit Court in this case, omitting its statement of facts, was as follows : The question is one of considerable practical importance, and the determination under the law and the facts difficult. The renting 1st of June, 1882, was, under the statute, to 1st of June, 1883. Defendant having held beyond that time, it became a tenancy from year to year, and terminated on the 31st of December in each year.

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Before Norton, J., Charleston, June, 1888. The judgment of the Circuit Court in this case, omitting its statement of facts, was as follows : The question is one of considerable practical importance, and the determination under the law and the facts difficult. The renting 1st of June, 1882, was, under the statute, to 1st of June, 1883. Defendant having held beyond that time, it became a tenancy from year to year, and terminated on the 31st of December in each year. No possible inconvenience can arise from adopting this interpretation of the law, and it is strongly supported by the case of…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McGowan.

On June 1, 1882, the defendant became the tenant of the plaintiff of the premises on the southwest corner of King street and Rodgers’s alley, in the city of Charleston. The lease was verbal for $30 per month, but indefinite as to time — nothing being said as to how long it was to continue. The defendant paid his rent regularly every month and continued to occupy. On October 1, 1884, the plaintiff raised the rent to $40 per month, which the defendant agreed to — the receipt for September (1884) containing this statement: “On the…

2Cited by10 opinions

  1. Scheuer & Tiegs, Inc. v. BenedictWisconsin Supreme Court · 1921
  2. Maynard v. CampbellSupreme Court of South Carolina · 1920
  3. McNulty v. WindhamSupreme Court of South Carolina · 1937
  4. Searle v. PowellSupreme Court of Minnesota · 1903
  5. Colonial Oil Co. v. American Oil Co.District Court, E.D. South Carolina · 1942

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