18 S.D. 487 | S.D. | 1904
Plaintiff, who brought this action to recover possession of certain Sioux Palls real property used by the defendant as a drug store, appealed from a judgment dismissing her complaint and from an order overruling a motion for a new trial. The evidence shows, and the court found, that respondent is the surviving partner of the firm of Pred Kreiser & Son, who occupied the premises under a lease executed in writing by appellant for the full term of one year from and after the 1st day of May, 1902. Pred Kreiser, the senior member of the firm, died on the 1st day of April, 1903, and a day or two prior to the expiration of the lease, appellant, with full knowledge of such fact, made an oral contract with respondent by the terms of which the latter was to continue to occupy the premises for a term of one year from May 1, 1903,' at the same monthly rental as that paid by the firm, and appellant there
No reasonable doubt exists as to the accuracy of the view taken by the trial court, and the judgment’ appealed from is affirmed.