(Download) "Bonnet v. Seekins" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Bonnet v. Seekins
- Author : Supreme Court of Montana
- Release Date : January 17, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
1. Indians. Jurisdiction by Montana Court. Montana District Court had jurisdiction of suit by Indian to recover rental alleged to be due under terms of written lease, even though plaintiff was ward of United States and land involved in lease was trust patented land. 2. Landlord and Tenant. Abandonment ? Notice. A five year lease, beginning on January 1, 1947, and providing for payment of rent annually on December 1, was not terminated by lessees act in abandoning property on December 31, 1947, where lessee gave no notice to lessor of any intention to terminate lease. 3. Landlord and Tenant. Obligation to pay rental. Obligation to pay agreed rental continues until or unless lease is legally terminated. 4. Landlord and Tenant. Fixed term ? abandonment. A lease for a fixed term may not be terminated by act of tenant in abandoning before end of term, in absence of consent on part of landlord. 5. Landlord and Tenant. Consent to termination. Landlords consent, necessary to terminate lease for fixed term upon surrender or abandonment by tenant, may be either express or implied; and any act equivalent to agreement on part of tenant to abandon and landlord to resume possession is sufficient to constitute surrender. 6. Landlord and Tenant. Effect of termination. Landlords consent to tenants surrender of premises leased for fixed term has effect of extinguishing tenants obligation for rent subsequently to become due, even though such rent is payable in advance and surrender occurs immediately after rent day. 7. Landlord and Tenant. Evidence not sufficient to go to jury. In lessors suit to recover rental alleged to be due under terms of written lease, evidence was not sufficient to go to jury on lessees defense of surrender of premises and acceptance by lessor.