Harty v. Harris & Keesler
Supreme Court of North Carolina
Civil aotioN, tried on appeal from a Justice’s court, before Norwood, J., and a jury, at March Term, 1897, of MboKlenbueg Superior Court. Plaintiffs sued for $83.33 as rent of a store room for the month of January, 1897. The facts appear in the opinion.
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Civil aotioN, tried on appeal from a Justice’s court, before Norwood, J., and a jury, at March Term, 1897, of MboKlenbueg Superior Court. Plaintiffs sued for $83.33 as rent of a store room for the month of January, 1897. The facts appear in the opinion. The defendants asked for the following instructions to the jury: “1. If the jury believe, from the evidence, that the contract was that Harris & Keesler were to keep the store for one year from the first day of September, 1895, and as much longer thereafter as the said firm of Harris & Keesler should remain in business, then the court charges…
1Opinion of the Court
OlaeK, J.:
Ordinarily, where a tenant has leased premises for a definite term and holds over after the expiration of the term without any new contract between him and the landlord, a tenancy from year to year is thereby created by presumption of law, but here there was evidence tending to show that when the defendants leased the premises for one year from September 1, 1895, they declined to make the lease for two years from that date, because they did not expect to be in business that long, and that the agreement was to lease it for one year and as much longer as they should remain in…
2Cases cited4 opinions
- Montgomery v. WillisNebraska Supreme Court · 1895
- Taylor v. . RussellSupreme Court of North Carolina · 1896
- Den Ex Dem. Stedman v. McIntoshSupreme Court of North Carolina · 1844
- Kitchen v. . PridgenSupreme Court of North Carolina · 1855
3Cited by10 opinions
- First-Citizens Bank & Trust Co. v. FrazelleSupreme Court of North Carolina · 1946
- Coulter v. Capitol Finance CompanySupreme Court of North Carolina · 1966
- Kearney v. HareSupreme Court of North Carolina · 1965
- Holton v. . AndrewsSupreme Court of North Carolina · 1909
- Murrill v. . PalmerSupreme Court of North Carolina · 1913
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