A Selection of Cases on the Law of Contracts Volume 2

A Selection of Cases on the Law of Contracts Volume 2

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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. 1904 edition. Excerpt: ...of which the plaintiff had full knowledge and notice, the defendants were obliged to and did occupy a small portion of the premises until May fifteenth; that all their property, furniture, and belongings and their family were removed from the premises, and every part thereof on May 1, 1895. except from the sick-room in which their mother was confined, and that they were forbidden by the physician in charge to remove her until May fifteenth, when she was at once removed. Upon the trial it was admitted that upon the first of February, 1895, the defendant notified the plaintiff that on the first of May they would give up and surrender the possession of the premises. That they were occupied under the lease was admitted, also the rate of rent, and the fact that the defendants from necessity held over after the expiration the contrary rule.'" Dolan t. Rodgers, 149 N. T. 489, 493. Compare Ashmore v. Cox, 1899 1 Q. B. 436; Robson v. Mississippi Logging Co., 61 Fed. Rep. 893; Keystone Loinlier, &c. Co. v. Dole, 43 Mich. 370; Shear a. Wright, 60 Mich. 159; Eppens v. Littlejohn, 164 N. Y. 187; Ellis v. Midland Ry. Co., 7 Ont. App. 464. of the lease some fifteen days. The plaintiff then admitted the facts set up in the answer as to the impossibility of the defendants' surrendering possession at the expiration of the year, so that the question presented is whether, notwithstanding the facts alleged in the answer, /the plaintiff was entitled as a matter of law to recover rent for the ( succeeding year, upon the ground that the defendants held over after ye expiration of their term. The admission of the plaintiff amounts to a concession that by reason of the sickness of the defendants' mother it was impossible for them to surrender up the possession of...show more

Product details

  • Paperback | 336 pages
  • 189 x 246 x 18mm | 599g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236586530
  • 9781236586537