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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Centennial Brewing Co. v. Rouleau, 49 Mont. 490 (1914)

Citation
Centennial Brewing Co. v. Rouleau, 49 Mont. 490 (1914)
Parent Document
Centennial Brewing Co. v. Rouleau, 49 Mont. 490 (1914)
Jurisdiction
Montana (state)
Effective Date
1914-10-19

Full Text

1,341 chars
" It remains to inquire whether the notice set out in the [6] complaint was sufficient to terminate the tenancy of the defendants. It will be observed that it does not upon its face purport to have been authorized by the plaintiff; but, passing this, after stating the fact that the property had been leased to the plaintiff for a term beginning on the first of the following year, it conveyed notice that after that time the plaintiff would be entitled' to possession, and that defendants must act accordingly. In legal effect, it amounted simply to notice that the plaintiff would become the landlord of defendants at the beginning of -the year, and that they should shape their conduct in view of that fact. The statute (sec. 4502, supra) requires the landlord to give notice to the tenant “to remove from the prem*505ises” within a term specified, not less than one month. The writing was not a compliance with this requirement in either particular. That it was understood to have the purport we have given it is made entirely clear by the fact, which appears from the testimony, that on the first day of January following, the agent of the plaintiff went to the defendants and demanded orally that they pay the rent to the plaintiff or vacate the premises. The court should have submitted the ease to the jury under proper instructions.