Illustrative Cases in Realty

Illustrative Cases in Realty

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...was given to quit on that day. No objection was raised on the ground that notice should have been given to quit on the preceding day, but it was attempted to show that the term actually commenced at another period, which was not allowed, on the ground that the tenant was estopped. In Kemp v. Dcrrett, 3 Camp. 510, the defendant became tenant on the 29th of October, 1810. On that agreement, Lord Ellenborough held it to be a tenancy from three months to three months, and said that, therefore, a notice expiring at the end of any quarter from the time of entry would have been sufficient to determine the tenancy. He said that the notices should have expired on the 29th of January, or on the 29th of April, or on the 29th of July. The following cases show that it was almost the uniform, custom to name the day corresponding with the date of the letting and entry of the tenant as the time for quitting, and in these cases no objection seems to have been raised to the sufficiency of the notices on that ground: Roe v. Ward, 1 H. Black, 97; Doe v. Weller, 7 Term R. 478; Mills v. Goff, 14 M. & W. 72; Doe, d. Cornwall, v. Matthews, 11 C. B. 675. And in Den, ex dem. Finlayson, v. Bayley, 5 C. & P. 67, this seems to have been the idea of the Court as to the notice in a weekly tenancy. By strict computation, the term set out by the present affidavit probably terminated on the last midnight of July. I think it would be carrying the rule that a notice to quit must be made with reference to the end of the term, to an illogical There is another foundation which I think the landlord might have erected to support the validity of his notice, and that is usage. The bulk of the letting, in cities, is in connection with houses used for that purpose only. The more

Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236538951
  • 9781236538956