99 Minn. 277 | Minn. | 1906
Plaintiff and respondent entered into some agreement with the defendant and appellant for the management of an apartment house
The first question raised by the appeal concerns the legal sufficiency of the notice to quit. That notice described the premises, stated the time at which the premises were to be surrendered, and demanded possession. It was signed: “Cathcart, Price & Co., Agents.” At no place did it refer to the plaintiff as owner of the premises. It is elementary that a proper notice to a tenant to quit, in proper form, given by an agent having authority from the landlord at the time it is given, is legally sufficient. In this case Cathcart, Price & Co. were shown to have had such authority. The notice which they signed was actually received by the defendant in due course of mail. Indeed, the defendant subsequently talked the matter of the vacation of the premises over with the agents and with the vice president of the plaintiff company. She was not misled by the notice, and is in no position to complain of its incompleteness. See Prendergast v. Searle, 81 Minn. 291, 294, 84 N. W. 107; Alworth v. Gordon, 81 Minn. 445, 84 N. W. 454; Bay State v. Kiley, 80 Mass. 492; 2 Taylor’s L. & T. §§ 479, 480; Smith, L. & T., 239.
The second question raised by the appeal is based upon the refusal of the trial court to charge the jury with respect to a defense set up in the answer, viz., that the landlord, subsequently to giving the notice, agreed to allow the defendant to remain in possession of the property. After the judge had completed his charge, defendant orally requested the following charge:
Further in regard to the arrangement made with Mr. Bowry, he being one of the executive officers of the plaintiff in this case, and if you find on that point he gave her permission to remain in the premises, the judgment will be for the defendant.
To this the court replied: “I think that is covered in the general instruction.” The defendant duly excepted.
Judgment reversed and a new trial granted.