15 Johns. 505 | N.Y. Sup. Ct. | 1818
The right of the plaintiffs to recover, as for the use and occupation of the premises, was settled by the decision of this court between the same parties, (13 Johns. Rep. 297.) under the same state of facts. The plaintiffs claim the real annual value of the premises; the defendant insists that they are entitled to recover only the rent stipulated in the original lease for ten years, which is 11 dollars and 25 cents, or, at most, the annual value of the lot, without the-buildings.
The principle is, undoubtedly, a sound one, that where a tenant holds over, without any new stipulation between the parties, an implication arises that there is a tacit consent on both sides, that the tenant shall hold, from year to year, at the former or first rent.
This case, however, stands on different ground; and the facts disclosed show that the principle contended for does not apply. The parties have agreed to the facts as stated in the case in 13 Johns. Rep. and it will be seen, by reference to those facts, that therent-reserved by the original lease, was exclusively reserved upon the lot, without regard to the buildings. Since the expiration of the original lease, and the subsequent events, the plaintiffs have a legal title to the buildings, as well as to thelot. The former rent accruing from the lot alone, cannot be the criterion in ascertaining the value of the rent of the house and lot; and the law raises no implied agreement in such a case, that the old rent shall be the measure of damages. To test the soundness of the rule insisted on for the defendant, let us suppose that a landlord
Van Ness, J. and Yates, J. concurred.
It is a settled principle that the action for use and occupation will lie only where there is an ■express or implied contract under which the possession and enjoyment of the land has been held. In the case of Smith v. Stewart, (6 Johns. Rep. 48.) it is said by this court, that the relation of landlord and tenant must exist, founded on some agreement creating that relation. In the case before us, this relation originated by express contract, and at a specified rent; and the simple question arising ■out of the case is, where such a tenant holds over, after the expiration of bis lease, what is the implied contractas to the amount of rent? Upon this point, I have supposed no doubt could exist, that in the absence of any express agreement, the implication of law would be, that each party assented to a continuance of- the tenancy, at the same rent. If this is the general principle, I see nothing in the present case which should prevent the application of that principle.
There is, certainly, nothing in the opinion of the court, in the former case between the same parties, (13 Johns. Rep. 897.) which can, in any measure, take it out of the general
Platt, J. was of the same opinion.
Judgment for the plaintiffs, for three hundred dollars.