Kelleher v. Fong, 108 Me. 181 (1911)

Citation: Kelleher v. Fong, 108 Me. 181 (1911)
Parent Document: Kelleher v. Fong, 108 Me. 181 (1911)
Jurisdiction: Maine (state)
Effective Date: 1911-04-03
Original Source: https://www.courtlistener.com/opinion/5118903/kelleher-v-fong/ ↗

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In the recent case of Briggs v. Chase, 105 Maine, 317, the defendant was "to hold for the term of one year with the privilege of renewing on the same rental for any term not exceeding ten years,” and after a critical examination of the authorities and full consideration of the question of the intention of the parties as disclosed by the terms of the lease interpreted in the light of all the facts and circumstances, it was held that it was the intent and purpose of the lease to make a demise in presenti to take effect in futuro at the option of the defendant, and that no written notice was necessary on the part of the defendant to establish his election to continue the tenancy under the lease. It will be noted, however, that the precise question now before the court was not involved in the last named case of Briggs v. Chase.

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