86 Md. 68 | Md. | 1897
delivered the opinion of the Court.
This is an action of assumpsit brought to recover the rent of a farm, alleged to be due from the appellants to the appellee.
The narr. contains the usual money counts and in addition thereto two special counts, viz: One that the appellee rented the farm to the appellants for one year, and the appellants held over for another year, but have not paid the rent for the second year; the other, that the appellants were indebted to the appellee in the sum of $200, for the rent of the farm and in consideration of forbearance to “ press the collection ” thereof, promised to pay the same by the first day of December, 1895, but did not do so. The appellee offered in evidence a written contract signed by both the appellants and the appellee and dated the first day of October, 1893, by which it was agreed that “John Buck has rented his farm on which he now resides to the said Thomas A. Hobbs and Stephen R. Hobbs for one year, containing •one hundred and thirty-six acres, for the sum of two hundred dollars.” The appellants offered oral evidence tending to prove that Stephen R. Hobbs signed the paper as surety only, for his brother. On application of the appellee the Court ruled as a matter of law, the case having been tried without the intervention of a jury, that “ by the true construction of the agreement offered in evidence, the defendants were cotenants of the plaintiff of the property therein named.” There was a special exception to this prayer (the second asked for by the plaintiff), as well as to the plaintiff’s third prayer hereinafter referred to, upon the
The third prayer of the appellee asserted the proposition that if after the termination of the year mentioned in the agreement, the appellants “remained in possession of the property, as they had held it during that year, with the appellee’s assent, then they became the tenants of the appellee, at the rent named in the agreement. ” This prayer required two things to be established before the relation of landlord and tenants could be found for the second year, viz: First, that the appellants remained in possession, and second, that such holding over was with the appellee’s consent. The words “as they held it during” the first year, does not affect the legal proposition; for if they remained in possession during the second year, whether or not precisely in the manner and form of the possession of the first year, and with the landlord’s assent, their possession will be referred to their agreement to rent, and the relation of landlord and tenant must be held to exist. Under such circumstances the law implies a new renting without a definite period of its termination. Hall v. Myers, 43 Md. 450.
The prayer offered by the appellants fails to state any fact
Finding no error, the judgment will be affirmed.
Judgment affirmed.