Barbara Nixdorff v. Richard Wells

Barbara Nixdorff v. Richard Wells. To enable a landlord to recover double rent for holding over, the lease must be for a specific term. A renting at $60 a year, payable monthly, is not for a specific term, and will not authorize a judgment for double rent. Appeal from a justice of the peace, who gave judgment for $10, being double rent for a month, the tenant having held over after the first year, under a demise at $60 a year, payable monthly. Mr. Marbury, for the appellee. No time- for notice to quit is mentioned when the lease will expire by its own limitation. Woodfall, L. & T. 163. A renting at $60 a year, payable monthly, is a renting for one year and no more. Mr. Redin, contra. It was a general hiring at $60 a year, not for any limited period. The case of Gordon, in this Court, at the last term, was a specific lease for one year only, and notice to quit was not necessary to recover double rent. [MAJORITY — The Court] The Court (nem. con.) was of opinion that the renting was not clearly shown to be for a specific term, but only at the rate of $60 a year, leaving the term uncertain; and that double rent could not be recovered. Judgment reversed, with costs.