Hutchinson v. Platt

Citations

• 119 Miss. 606
• 81 So. 281

Syllabus

<p>1. Frauds. Statute of. Necessity of writing. Authority. Landlord’s agent. Lease.</p> <p>Our statute of frauds only requires an agent, in contracting' for or agreeing upon leasing of lands for a term of years, to oe “lawfully authorized” so to do, and his appointment is not required to be in writing. Nevertheless, a lease for a longer term than one year must be by deed, and if executed by an agent, the appointment of the agent should also be by deed, so it is that a written lease for a term of years executed by an agent acting under parol authority is invalid as a lease, but a party entering upon lands under such an instrument is in equity entitled to retain possession. Such an instrument is invalid as a lease, but binding as a contract for a lease, and if the tenant or lessee enters in possession, the contract is valid as a lease for one year and good as a contract of lease for the number of years agreed upon.</p> <p>2. Statute ot Fbauds; Lease for term of years by agent under parol authority. Talidity. Consideration for rent.</p> <p>Where a tenant accepted a written lease for five years’ executed by an agent of the landlord under parol authority and in reliance thereon demanded possession from the holder of the premises, the lease being enforceable for one year as a lease and as a contract for a lease for the remainder of the five years. In such case the lessee was liable for rent for the first year although he did not get possession of the premises, the lease not requiring the landlord to 'put the tenant in possession.</p> <p>3. Trial. Action to recover rent. Instructions as to execution and validity of lease.</p> <p>While the expression that plaintiff’s were “under no obligation to sign any other lease” embodied in an instruction in an action by a landlord for rent, was subject to criticism, yet where the tenant did not decline the lease because not acknowledged, but accepted it and the jury were expressly told in another instruction that if the tenant demande