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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

951 chars
The authorities, therefore, are abundant that neither verbal nor written notice is necessary, to establish an election to continue a tenancy, under an optional lease, for a definite term. If the optional *326term in the lease before us had been for a definite period, no notice would have been required of the defendant, as is clearly shown by the above cases. But the optional term being specified as "not exceeding ten years,” quere, whether the act of continued occupancy, would not of itself effect an election for ten years ? Certainly the plaintiff could not complain for it was the voluntary contract of the lessor. We are unable to discover any good reason why the defendant should complain, as it was optional with him, alone, t6 fix a shorter period if he so desired. However this may be the defendant did give notice, stated the term and continued in occupancy, and we think his election was thereby established. Judgment for the defendant.