69 Vt. 261 | Vt. | 1897
At the time the defendant purchased the property in question of John J. Thompson, the defendant was in possession thereof under a parol lease from Thompson for one. year, beginning July 20, 1892, and ending July 20, 1893, at an annual rent of $1200, payable in instalments of $100 on the first day of each month in advance. Under this lease the defendant was a tenant at will only. Y. S. § 2218; Amsden v. Blaisdell, 60 Vt. 386. The premises were conveyed, to the plaintiff by Thompson, February 23, 1893. Subsequent to the conveyance the plaintiff accepted rent of the defendant for the months of March and April, and thereby the relation of landlord and tenant was created between them, subject to the terms of the original lease. March 10, 1893, the plaintiff gave the defendant written notice to quit the premises on May 1, 1893, and April 1, 1893, he further notified him in writing, that if the notice to quit was not complied with, the rent would be $200 per
Under the circumstances of this case, the acceptance of the rent for May and June, operated as a waiver of the notice to quit and th.e notice in respect to the proposed increase of rent. This suit was brought June 5, 1893. At that time there was no notice to quit operative on the defendant, nor was there any rent due,.it having been paid in advance for the entire month of June. It was, therefore, error for the county court to direct a verdict for the plaintiff.
Judgment reversed and cause remanded.