Evening journal., 1914-07-30

ground that the ten-day notice clause,
embodied in said lease, is meant 10
supply the phrase "and at the expira-
tions of the said term" as well as to
the rest OF that paragraph, part of
which reads. cor upon the breach by
the said party of the second part OF
any of the covenants herein men
toned" and "at the option of the said
party of the first part, upon not less
than ten days written notice. which
in fact was complied with by the land
lord giving to the tenant a written no
tice. on June 13. 1914, TO remove from
the demised premises on the 25th day
of June. 1914, and which the tenant
has failed to do. and the plaintiff alleg-
es defendant is consequently illegally
holding over said premises. and by
force. There is no breach of any OF
the covenants mentioned in the lease.
alleged or claimed by the plaintiff:
the sole allegation for these proceed
ings are based upon the fact that the
tenancy was created by an expressly
written instrument; which instru-
ment the plaintiff contends. provides
for a termination Of the tenancy on
ten days written notice. and the de-
fendant denies this and contends that
the ten days notice clause only ap-
plies in case of breach of covenants
The statute creating the relationship
Of landlord and tenant in this State is
found in chapter l20. Revised Code of
Delaware. as follows;
section /. Any contract. or con.
sent, pursuant TO which tenant shah
enter into, or continue in possession OF
lanl, tenements or hereditaments. under
an agreement to pay rent, shall be a
demise
section O. Where no term is ex-
pressly limited, a demise shall be CON
-trued to he for a year, except of
houses or lots. usually let for less
time.
"Scction q. If there be demise OF
one or more years, and three months or
upwards. before the end of the term,
either the landlords do not give notice
in writing 60 the tenant in possession
90 remove, or the tenant do not give
like notice TO the landlord of his inten-
tion TO remove from the demised prem
ises, the term shall be extended for an.
other year. for which the tenant shall
I IiNN NA' ANAN anu NNA ANN' NAA INANAANH" W.
the demise shall continue in force"
Section of this said chapter shall
not be taken or held TO prescribe any
/ time as to notice when the letting is
/ for less time than year; but that
when the letting is by the month a
months notice TO quit shall be suill'
/ cient and when n Is by the week. a
Weeks notice shall be sufficient
The statute providing for the various
terms of tenancies seem to amply pro-
vide for their dissolution; that Is ia
say. that where no term is expressly
limited a demise shall bc construed to
T be for a wear and ii there be a demise
for one o. more years It provides that
either tho landlord or the tenant must
give one To the other three months no
tice before they can legally sever theii
coniractual relations and If the letting
X hy the mQnth. a months notice i'
sufficient, and when il DE by the week
q weeks notice shall be sufficient
The lessee Ia this case expressly ere
atine tenancy for sixteen months is
rndeuticdlv a demise for one or NOR,
yeas. within thc meaning of the stat
utc
) q, not question the right of parties
90 enter into written agreement where
'n The terms oi a notice can be changed
from that provided by statute to quit
,he contracting parties; but such terms
must bc 80 clear and explicit that Il
should admit oft no doubt in the mint
OF the ordinary layman. and sucl
words and phrasoology used in the ere
alton of such special agreement tina
ihoth of the contracting parties shall b
capable OF easily understanding thei
meaning Both parties must clearly un
derstand the contract to mean the sam
thing To insert words or phrases int
an agreement which have 10 be givei
life and Interpretation usually by {
court of very learned Judges should a.
least not be encouraged as against pub
lie policy of safety of the masses.
Contrast the first part of this lease
the words that create, connect. an
cement the binding terms betweel
the landlord and the tenant as to wha
the tenant is renting from the land
lord and what the landlord is leas
ing TO the tenant; that the term o
tie letting is for sixteen months; th
amount of rent the tenant is to pa
the landlord, etc; but when it come
to the point where the words shOul
be the plainest the terms the clear
est, the most distinct. since the tim
for notice it would or may conhic