Friday, November 7, 2008

Legal Talk (6)

Topic: Legal Responses to Questions Of General Public Interest in the Year 1898 (2)

(1) "J.R.H." makes the following statement: "In 1896 I rented a house for a certain sum per month from May to May. In 1897 I advanced the rent, on account of improvements made. My tenant undertook to build, expecting to have his house ready by April 1, but failed. I tried to rent, expecting to have the house vacant by May 1. On April 28, I sent a note, of which I hold a copy, notifying him that we requested possession by May 1, and a failure on his part to comply would be regarded by me as leased for another year. His house is not yet ready. On May 3 I sent for rent, which was promptly paid. Is the house mine or my tenant's for one more year from May 1?"

Payment under the new contract as set forth in your note would bind both parties for the year. A lease is good even though not signed, and not in formal terms, if the minds of the parties have met.

(2) "G.I.M." asks: "When does a debt become outlawed? How long after contraction may a suit be brought to collect? I have a check signed by a person who had an account in bank. Some days passed between the date of the check and the time I used it. In the meantime, the party closed his account in the bank. Can I collect the amount of the check?"

The statute runs for different as to different classes of debts. The check can be used as an evidence of the indebtedness, but the original claim must be sued upon, the check not being a negotiable instrument.

(3) "J.M.J." asks as follows: "A leases a store to B and C. B and C are brothers. B's name only appears in the lease. After a time B sells his interest to C. A accepts rents from C and gives him a receipt. When C defaults in rent, can A hold B for the rent?"

If the landlord knew of the transfer, and then accepted rent from C and receipted to C individually, he thereby accepted C as the sole tenant, and cannot have recourse to B on C's failure to pay.



No comments: