Public-domain · open source
OpenJurist

6 Ky. Op. 13

Bonner v. Johnson's Trustees

Court of Appeals of Kentucky

Decided December 4, 1872

Court of Appeals of Kentucky · decided 1872-12-04

<p>Landlord and Tenant — Tenancy From Year to Year — Tenancy at Will— Payment of Rent — Evidence.</p> <p>The fact that rent is payable by the month is not itself sufficient to show that there was an agreement, either express or implied, that appellants were to hold the leased premises at will.</p>

Decided 1872-12-04

¶1Opinion by

Judge Lindsay:

¶2Testing the question by the rule laid down' by both Kent and Taylor (4th Vol. Kent Com. 112; Taylor, Landlord and Tenant, Sec. 59), it seems to us perfectly manifest that the tenancy in this case was a tenancy from year to year. The fact that the rent was payable by the month is not itself sufficient to show that there was an agreement, either express or implied, that appellants were to hold the leased premises as tenants at will.

Hagan- & Du-pey, for appellants.Pirtle & Caruth, for appellees.

¶3This being the sole question submitted to us for adjudication the judgment of the Court of Common Pleas, must be affirmed.

/6/kyop/13 · .json · Public domain