Rosenbaum Estate Co. v. Robert Dollar Co.

This is an appeal from a judgment in favor of the plaintiff and from an order denying the defendant’s motion for a new trial in an action to recover rent.

The defendant had been in possession of certain premises belonging to the plaintiff for five years, under a written lease which, among other things, provided that the rent should be three hundred dollars a month, to be paid in advance on the first day of every month. Just prior- to the expiration of the written lease the parties orally agreed that the defendant might remain a tenant of the premises “from month to month at the same rental’’ provided for in the written lease. The defendant accordingly remained in possession of the premises for six months under this new arrangement, paying the rent in advance on the first day of each month up to December 31, 1913, and on January 5, 1914, upon two days’ notice to the plaintiff that it would vacate the premises, it removed therefrom.

The first contention of the appellant is that the rent during the period that it occupied the premises from month to month was not payable in advance but at the end of the month; and that this action having been begun on the 19th of January, 1914, for…