19 Mo. 132 | Mo. | 1853
delivered the opinion of the court.
The answer discloses an actual holding from some time in 1850 until February, 1852, under a parol agreement or lease for five years. A parol lease, though by the statute of frauds declared to create a tenancy at will, has the effect of creating a tenancy from year to year, such being the established construction of the statute of 29 Car. 2, chap. 3, from which our statute is taken. Clayton v. Blakely, 8 Term Rep. 3. Such is the effect of the holding at an annual.rent, as admit
The defendant’s answer being insufficient, leave ought to have been given to amend, if the defendant had not cut himself off from such leave by his answer to the question propounded by the court. - When the attorney asked leave to
The judgment is affirmed.