30 Minn. 515 | Minn. | 1883
On May 1, 1881, plaintiff orally leased certain preña-ses to defendant, at an annual rent of $300, for a term of three
Upon this state of facts plaintiff is entitled to recover the annual rent fixed by the oral lease, namely, the sum of $300. The lease is for three years, subject to the lessor’s right of termination; that is .to say, it is liable to be defeated by something in the nature of a condition subsequent, to wit, an affirmative act on the part of the lessor. Until this act is done, it is in form a lease for three years, and therefore void under Gen. St. 1878, c. 41, § 10, as being for a term “exceeding one year.” But though void as a lease, the rule is that if the lessee goes into possession under it, it regulates the terms of the tenancy as respects rent. Laughran v. Smith, 75 N. Y. 205; Thurber v. Dwyer, 10 R. I. 355; Larkins v. Avery, 23 Conn. 304; Morrill v. Mackman, 24 Mich. 279; Taylor’s Landlord & Tenant, § 80; Wood on Landlord & Tenant, § 25.
This rule may not be logical — very likely it is not, as an origina proposition; but that it is the rule established by the authorities there can be no doubt. We have not had our attention called to an^ authority to the contrary, nor have we discovered any.
Order affirmed.
