Wayne County NcArchives Court.....Jarman, Simmons Vs. 1898 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 October 29, 2007, 3:37 am Source: Charlotte Daily Observer, 10 Mar 1898 Written: 1898 Simmons v. Jarman, from Wayne. The plaintiff rented certain land to the defendant at an agreed price per month to be paid in advance, rental to commence on January 1st, 1896 and defendant to retain possession for the year. The defendant held during the year 1896 and until June, 1897, when this action to oust him was commenced, the plaintiff on the 18th of May, 1897, having given him notice to "get out within 30 days." Held, that the contract constituted a tenancy from month to month, commencing on January 1st, 1896 and continuing after January 1st, 1897, as the defendant was permitted to hold till after the commencement of that year. As such tenant the defendant should have received notice of the close of his tenancy 14 days previous to the end of the month and the notice received on May 18th, 1897, "to get out within 30 days" was not in compliance with the law and was no termination of the defendant's lease, 93 N.C., 105, Code 1750. Although it was stipulated that the rents should be paid in advance, they were never paid until after the beginning of the month, and there being no condition of forfeiture in event the rents were not paid as agreed, the defendant cannot be ousted for failure to pay in advance, 81 N.C., 390. File at: http://files.usgwarchives.net/nc/wayne/court/jarman28nwl.txt This file has been created by a form at http://www.genrecords.net/ncfiles/ File size: 1.9 Kb