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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Briggs v. Chase, 105 Me. 317 (1909)

Citation
Briggs v. Chase, 105 Me. 317 (1909)
Parent Document
Briggs v. Chase, 105 Me. 317 (1909)
Jurisdiction
Maine (state)
Effective Date
1909-04-06

Full Text

1,312 chars
The remaining question is did the defendant elect to continue his tenancy P The undisputed testimony shows that he called upon the plaintiff January 18, 1907, four days before the expiration of the year named in the lease. He says that, at this time, he informed the plaintiff of his intentions to renew the lease for the full period of ten years. The plaintiff denies this. The accompanying facts and subsequent acts of the parties seems strongly to corroborate the defendant. He was already in business upon the premises. He continued in occupation beyond the year. His act of continuing showed that he wished to remain. The plaintiff acquiesced and received rent in accordance with the terms of the lease for three quarters, at least, upon the defendant’s continued tenancy. His continued occupancy upon the terms expressed in the lease and the acceptance of rent and acquiescence by the plaintiff, are regarded as the strongest evidence, not only as to the character of the lease, as already observed, but upon the question of election. The court is of the opinion, from the facts and circumstances herein established, that the inference is a fair one that the defendant exercised his option to renew the lease for the full term of ten years, unless notice in writing was required to effectuate such renewal.