79 Ind. App. 483 | Ind. Ct. App. | 1922
Appellees filed their complaint September 21, 1920, before a justice of the peace alleging that they had leased to appellant certain premises for
Appellant contends that the tenancy was a tenancy from year to year and ran to May 20, 1921, and that there was no evidence of a tenancy from month to month with rent payable in advance. He also contends that appellees’ complaint is based upon the theory of tenancy from month to month while the evidence discloses a tenancy from year to year, thus creating such a variance as to prevent a recovery under the allegations of the complaint.
The evidence is sufficient to show that appellant entered into possession of the property in 1918, under a parol lease for the term of one year ending May 20, 1919; that upon the expiration of said year appellant continued to occupy the premises under such tenancy with an agreement that the rent should be paid monthly in advance.
Appellant contends that the evidence fails to show an agreement that the rent should be paid monthly in advance. Mrs. Gray testified that it was agreed that the rent was to be so paid. Appellant testified that on August 20, 1920, he was in Michigan, and, knowing the rent was due on that day, he sent money to appellees by telegraph; that on September 20, 1920, he was out
There was no error in overruling the motion for a new trial.
Judgment affirmed.