Sears v. Smith
Supreme Court of Colorado
Error to Probate Court of Arapahoe County. The plaintiff in error brought an action before a justice of the peace, against the defendants in error, to recover certain rents, and obtained judgment. The defendants in the action appealed to the probate court. In the latter court the defendants obtained a verdict upon which judgment was subsequently entered in their favor for costs. To reverse this judgment the plaintiff prosecutes this writ of error.
1Opinion of the CourtThatcher, C. J.
If a tenant under a lease for a year holds over after the expiration of his term, in the absence of a new agreement, he holds the premises subject to the covenants and conditions contained in- the original lease. The holding over rests, not upon the former lease, but upon-a new contract which the law implies to be for the same time, and upon the same terms with the lease under which the premises were held the preceding year. Bacon v. Brown, 9 Conn. 334; Laguerenne v. Dougherty, 35 Penn. 47; McKinney v. Peek, 28 Ill. 174.
This doctrine must be understood with the qualification that the landlord…
2Cases cited3 opinions
- Young v. . DakeNew York Court of Appeals · 1851
- McKinney v. PeckIllinois Supreme Court · 1862
- Sobey v. BrisbeeSupreme Court of Iowa · 1865
3Cited by9 opinions
- Bateman & Bro. v. MaddoxTexas Supreme Court · 1894
- First Interstate Bank v. Tanktech, Inc.Supreme Court of Colorado · 1993
- Hayes v. ArringtonTennessee Supreme Court · 1902
- Millage v. SpahnSupreme Court of Colorado · 1946
- Hallett v. BarnettSupreme Court of Colorado · 1911
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