Richter v. Fassett

On July 15, 1947, plaintiff leased a cabin to defendant for one year. The lease was oral and the rent reserved was $37 per month. Defendant paid two months’ rent and occupied the premises until September 15th when he left the cabin and thereafter ceased to pay rent. Plaintiff sued for damages for breach of the oral lease.

Defendant contends that almost immediately after defendant had left the premises plaintiff and her husband took possession and have either rented them to others or have occupied them ever since. Defendant invokes the rule that the abandonment of the premises and the…