Legal Opinion · Dissent

Hemberger v. Hagemann

Supreme Court of Colorado

Decided September 13, 1949No. 16,167Published

1DissentJustice Stone

The principal question involved in this case concerns notice. Was it necessary and, if so, was is properly served?

The tenant originally held under written lease for one year, from March 1, 1942, to March 1, 1943, and continued in possession without any additional lease for several years thereafter. That by such holding over with the landlord’s consent the tenancy became one from year to year is too well established to be questioned in this jurisdiction. Sinclair Refining Co. v. Shakespeare, 115 Colo. 520, 175 P. (2d) 389, 171 A. L. R. 1058; Ochsner v. Langendorf, 115 Colo. 453, 175 P. (2d)…

2Cases cited5 opinions

  1. Hurd v. WhitsettSupreme Court of Colorado · 1878
  2. Hallett v. BarnettSupreme Court of Colorado · 1911
  3. Ochsner v. LangendorfSupreme Court of Colorado · 1946
  4. Sinclair Refining Co. v. ShakespeareSupreme Court of Colorado · 1946
  5. Hancock v. Central Shoe & Clothing Co.Supreme Court of Colorado · 1912

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