Stanmeyer v. Davis
Illinois Appellate Court
53 N.E.2d 22 (1944)
- Written by Rebecca Green, JD
Facts
In May of 1942, Stanmeyer (plaintiff) rented a piece of property to Davis (defendant). Stanmeyer verbally leased the premises to Davis for $500 per month “for the duration of the war and until automobiles are again produced” and “until [Davis] receives twenty-five automobiles in any one month.” In November 1942, Stanmeyer served notice on Davis terminating the lease at the end of December 1942. When Davis did not return possession of the premises, Stanmeyer sued to recover possession. Stanmeyer argued that a term lease must have a definite and certain time at which it begins and ends. Because the parties’ oral agreement did not identify a specific time period or termination date, Davis’s tenancy was a tenancy at will that Stanmeyer could terminate at any time. The trial court agreed, ruling that the lease agreement was a tenancy at will. Davis appealed.
Rule of Law
Issue
Holding and Reasoning (Matchett, J.)
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