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 case at bar the plaintiff agreed in writing to give the defendant the use and occupation of the premises for $20 a month "during the winter of 1903 and until the beginning of spring 1904,” and after that period he was to pay $25 a month and have the store "ás long as he may want it.” The language of this agreement is simple and direct and easily understood. The plaintiff could not have failed to understand it in fact, as she was presumed to in law. It is immaterial whether under the practical construction placed upon the lease by the parties the "beginning of spring” was understood to be the first day of March or the vernal equinox on the 21st of March. It appears that the defendant has continued to occupy the premises since March, 1904, to the present time, and it is not in controversy that rent at $25 a-month has. been paid from some date in the spring of 1904 to the satisfaction of both parties.

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