Evening journal., 1914-07-30
SQUIRE lays down
Law ABOUT leases
Magistrate Gluckman Gives
Richard Greenfield Contin-
ued Possession of Stable
COULDN'T BE OUSTED
ON TEN DAYS NOTICE

Magistrate Gluckman this morning
handed down his decision in the
case of Mrs. Edna T.. Lohand VS..
Richard Greenfield. which was tried
In his court last week, and which is
said to be one of the most important
cases that has been tried before
magistrate for a long time The case
involved litigation over & lease on the
stable property at 1112 and 1114 Tat
nall street which is owned by Mrs
Iohand the Dlaintifr in the case. and
upon which Nr Greenfield holds a
lease
In his decision iD which he thor
oughly covers every point at issue.
Magistrate GluckmaE gives Judgment
IN favor of the defendant T. Frank
Ball represented the defendant
There is no appeal rom the de-
sision and there are several cases Of
Ike nature which il viii affect.
The decision r lull follows
Edna Z. LOfand. assignee etc, VS..
Richard Greenfield in re case OF ten
AIT holding over.
This suit was instituted b, the
plaintiff Edna T.. Lofand. assignee.
etc 70 recover possession Ol The
premises siuHto end known as Nos.
iiI2-11lf Tanal street IA the city
o. Wilmington and for damages OF
one hundred dollars for The alleged
Illegal holding oyO OF the said
premises pursuant 10 Chapter lOl,
Rev. Code. Laws OF Delaware which
reads
rsectiop ? And also when
the lessee. or tenant, of any house,
lands or tenemonts shall hold pos
session. of the premises without
rights. after due notice 10 quit. the
person entitled TO the premises may
De- restored 70 the possession thereof
as follows Here It presciibes the
mode of procedure.
Same chapter section l4--"lf any
nersop who shall have demised any
bouse. LANDS OF tenements, for one
or more years, or less time, or at
will. OF his heirs or assigns shall
three months or upwards, before tne
END Of such term, or estate give no
tice in writing 20 the tenant in pos
session under such demise to remove
from the premises, such tenant OF
any person coming into possession
under him shall deliver full posses
sion of the said premises to the lessor
or his heirs. OF assigns, az the enc OF
said term. or estate, and 81 he tnh'
Ia do so the case snail bc within INC
provisions of this chapter
INIT If the tenancy be created express
lv nv written instrument, the az
mise must be laid according to in'
leral effet. of the instrument.
In evidence Of this case SIC iinN
w-itte,. instrument. commonly eaiiol
a lease. or agreement, wherein li'
nlaintiff ana defendant have cniefe'
into on the 23d day of April. 1913, iol
q term OF sixteen months lrom ln'
o5th dav Of April, A D.. 1913. at tn
rent of five hundred and twenty dol
lars for said term 10 be palu II
rnonthlv portions OF thirty-two anI
5O-1OO dollars each. Further on u
said lease, IL reads thus; "and at ,h'
expiration of the said term, or upof
the breach by the party OF the secon6
mart of any of the covenants herein
mentioned. at the option of the saiC
party Of the first part upon not les;
than ten DAYS, written notice, the sali
party of the second part shall and VII
WELD up and surrender quiet anC
peaceable possession of said premises
unto the said party Of the first part
his heirs, etc. any law
or usage or anything herein con
tained to the contrary thereof not
withstanding."
Plaintiff asks this court to dispos
sess the tenant. who is the secon'
party to the aforesaid lease, on th'