Hoff v. Baum

Citations

• 21 Cal. 120

Syllabus

<p>H. served upon his tenant B., who was occupying under him certain premises at a rent of two hundred and fifty dollars per month, a notice to quit. Before the time at which, by the effect of the notice, the tenancy would have terminated, B., through a third person, proposed to H. to continue his occupancy at a rent of three hundred dollars, with which proposal H. expressed himself satisfied, but did not in terms notify B. of his acceptance of it. B. continued to occupy the premises : Held, in an action by H. for rent at the rate of three hundred dollars per month, that it must be inferred that the subsequent occupation of ' B. was with the consent of H., on the basis of the proposal rather than as a trespasser, and that plaintiff was entitled to recover.</p>