Schmitt

Plaintiff recovered judgment of $4,208.27 against all defendants. Defendants Cohn and Zipkin appeal.

Questions Presented

1. Does holding over by one lessee bind other lessees not in possession (a) as to an extended term of the lease, and (b) as to a month to month tenancy thereafter.

2. Effect of notices of termination of tenancy.

Stipulated Facts

Plaintiff C. E. Schmitt and his wife, Edith M. Schmitt, entered into a lease with the three defendants for a period of one year ending March 31, 1953, rental $475 per month. The lease granted lessees an option for an additional year after March 31,1953, on the same terms and conditions. Defendant Felix remained in actual physical possession and occupied the premises through January 19, 1955. Defendant Cohn at no time was in physical possession or occupied the premises. Defendant Zipkin was not in physical possession or occupancy of the premises after September, 1953. The rent was paid to May 1, 1954. The unpaid rent was $4,208.27, the amount of the judgment.

No notice of exercise of the option was given. However, defendants Felix and Zipkin remained in possession at the end of the original term, Felix for the entire term provided…