City of Plattsmouth v. New Hampshire Sav. Bank

Citations

• 139 F. 631
• 71 C.C.A. 507
• 1905 U.S. App. LEXIS 3912

Syllabus

<p>Landlord and Tenant — Lease—Holding Over.</p> <p>The rule applied in a case where a tenant for years holds over his term with the consent of his landlord, express or implied, has no application to a case wherein the lease itself grants the tenant the power to continue the tenancy from year to year, for a specified number of years, on terms more favorable to the tenant, as to the payment of rent, than those imposed on the original term, and the tenant exercises the power conferred by remaining in possession beyond the original term, and makes payment of rent in accordance with the rent reserved for the continuing term.</p> <p>(Syllabus by the Court.)</p>