Reck & Riehl v. Caulfield
Court of Appeals of Kentucky
CASE 79. — FORCIBLE DETAINER ACTION BY RECK & RIEHL AGAINST C. I. CAULFIELD. — October 8. Appeal from Jefferson Circuit Court;' Common Pleas Branch; First Division. Matt O’Doherty, Judge. Judgment for defendant, plaintiff appeals — A written lease for “one month from February 7, ’07 and by the month,” with rent payable “at the beginning of each and every lease month” is a tenancy for a fixed term, and notice to tenant to quit, is unnecessary.
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CASE 79. — FORCIBLE DETAINER ACTION BY RECK & RIEHL AGAINST C. I. CAULFIELD. — October 8. Appeal from Jefferson Circuit Court;' Common Pleas Branch; First Division. Matt O’Doherty, Judge. Judgment for defendant, plaintiff appeals — A written lease for “one month from February 7, ’07 and by the month,” with rent payable “at the beginning of each and every lease month” is a tenancy for a fixed term, and notice to tenant to quit, is unnecessary. Even if the lease may be construed a tenancy ‘from month to month’ and the duration of the term to that extent indefinite, the court erred in refusing…
1Opinion of the Court
Opinion op the Court by
Judge Barker —
Affirming.
On the 7th day of February, 1907, the appellants, as agents of the owner of the property, by a written lease rented a storeroom on the north side of Market street, between Eleventh and Twelfth streets, being No. 1147, West Market street in Louisville, Ky., “for the space of one month from February 7, 1907, and by the month;” in consideration of which the appellee agreed and bound himself to “pay for the same ten dollars at the first of each and every lease month, being at the rate of one hundred and twenty dollars per annum.” Appellee took…
2Cases cited1 opinion
- Alexander v. FowlerCourt of Appeals of Kentucky · 1884
3Cited by6 opinions
- Pack v. FeuchtenbergerCourt of Appeals of Kentucky (pre-1976) · 1929
- State Ex Rel. Melbourne Hotel Co. v. HostetterSupreme Court of Missouri · 1939
- Portenier v. WalsenSupreme Court of Colorado · 1944
- Southern Mining Company v. ClaytonCourt of Appeals of Kentucky (pre-1976) · 1930
- Investment & Income Realty, Inc. v. Barkley, Florida County Courts1985
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