Year: 1861

This suit was instituted by Cummings to recover
of the plaintiffs in error the rent Of q warehouse
and lot in the town of Shelbyville, for the year
1858, and judgment being in his favor they appeal
to this Court The facts Of the case are these
One Knott who was the owner Of the warehouse
aud lot, had leased the same for term of years TO
Cummings, at an annual rent Of $3.50, and the
lease did not expire until the let Of January, 1859
At the close of the year 1856 Cummings, without
writing sublet the warehouse and let for the unex-
pred term at the rate of rent to the plaintiffs
in error, who entered into and occupied the same.
for the year 1857 and paid the rent Of that year TO
Cummings. They also continued the use and oc-
cupation of the warehouse and let until the 23j OF
January, 1858, when they left the same vacant and
went to do business but retained In their
possession the key of the warehouse until the end
of that year, when they surrendered it to one
Warren, who succeeded them in the possession-he
having purchased the reyersion of Knott. Cum
mngs knew that the PLAINTIFF in error had left the
warehouse and lot vacant, but they did not give
him any notice Of their intention to do or desire
him to take the property back or TO make any other
disposition of it, or offer TO restore him the Key
II WAS in proof thst one johnson wanted the of
the house for short period in February, 1858. for


ball. ard applied to the plaintiffs in error for it,
and they sent him to Cummings with instructions
10 tell him thst they had control over the house
and nothing to do with it; ard johnson did 60 to
Cummings snd tell him this as coming from the





let him have it, stating that he had rented
it to the plaintiffs in error, that he must 60 to them,
that they sone had authority to dispose OF it. 1t
was also proved that the custom to rent houses
at the first Of the year and that they rented more
readily at that, than at any other time Of the year
Anon other things not excepted Circuit Judge
instructed the jury that parOl lease for more than
one year can not be enforce becsuseVAn the statute
frauds Such lease is good for one year, and the
tenant who il in undsr such contract holds over
for portion Of the ensuing year, the landlord may
elect to treat him as . tenant from year to year,
aud recover the value Of the premises as upon
lease for one year. Though the agreement between
them and Cummings be void BY the statute of frauds


s IN te duration Of the lease IL must regulate the
terms on which the tenancy subslsts IN other res
pectS as to the rent the time or the year when the
tenant is TO quit, &c. So where tenant holds
over after the expiration Of his teim without hsVing
entered into any new contract, he holds upon the
former terms The relation between these parties
must be construed be that Of tensucy from year
to year. and each party was bound to give the other
reasonable notice of an intention to terminate the
estate If they suffered the second year to COM
menee without putting an end to the relation, Cum
mnes was entitled to the whole years rent, and the
plantif Is in error as his tenants, could not deter
mine the estate in the middle Of the year. IL this
couid be done the landlord might lose his rent al
together at least for good part Of the year. HaY
ing entered upon the premises for the second year
Cummings had . right to expect that they would
continue to hold and pay for the entire year. and
they cannot be allowed cspiieiously to disappoint
bis expectations Tho authorities in support Of me
judgment Of the CircuiG Court are very numsOrns.
Doe on the demise Of Rigge Bell, term, R 40:
Birch vs.Wright, term, r 3T8: Leighton VS.. Theed
Salk, 413: l3 John R 240: Kent 1lo-ll6. Be-
Sides upon the facts in this case is the same, in
legal effect If the plaintiff in error had actually
occupied the premises for the entire year They
retained the key and made no sttsnPt to pas
an end to the tenancy.


Whether the plainIif in error, without notice 70
Cummings could at the end Of the first, ana oeioIs
they entered upon the second year, have
the estate. ia Question we need not consider


Affirm the judgment, "A'Ai


Correct copy, j. P. CLARK, CLERK.