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
Original Source: https://www.courtlistener.com/opinion/5118602/briggs-v-chase/ ↗

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Kimball v. Cross, 136 Mass. 300, is equally pertinent upon the question of notice. The instrument herein involved recited that the plaintiffs had leased to the defendants the premises "for a term of one year for $75 with the privilege of continuing for five years at $100 per year.” This was an action for rent. The defendant requested the court to rule that this clause should be regarded as a mere executory contract for a lease thereafter to be given, should the defendant desire it. In refusing the requested instruction the court say: "But the instrument upon its face purports to be the contract upon which the subsequent occupation at the election of the defendant, is to be enjoyed. By it the relation and rights of the parties is defined and the words are apt to create a then present demise when, at the end of the first year, the occupation is continued.”

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