Babcock v. McKee

In this action the plaintiff seeks to recover possession of a certain elevator building located upon the premises of the Milwaukee Railway Company in Wag ner, South Dakota. In 1907 the Railway Company entered into a lease with the Wagner Grain Company which leased the premises upon which the elevator was to be built by the lessee “for the term of One year from the first day of Aug— 1907, and thereafter until sixty days after either party shall have given to the other written notice of its desire to terminate this Indenture”. The lease provided for an annual rental, restricted the use of the…