Lay v. Great Southern Lumber Co.

Citations

• 118 Miss. 636
• 79 So. 822

Syllabus

<p>1. Landlord and Tenant. Eviction. Pleading.</p> <p>In a suit by a tenant for damages for being unlawfully evicted from the rented premises by the landlord; where plaintiff alleged that he leased a shop for an indefinite period on a monthly basis and that defendant, without notice to terminate the lease, entered the premises while plaintiff was temporarily absent, and nailed up the door, rendering it impossible for the plaintiff to remove his effects. In such case, defendant could not show in defense that the premises were to be occupied only during plaintiff’s good behavior, and that the premises were closed because of plaintiff’s misconduct, without specially pleading these facts.</p> <p>2. Same.</p> <p>In such case, the defendant was liable for actual damages, and the question as to whether defendant was also liable for punitive damages, was a question for the jury.</p> <p>3. Landlord And Tenant. Month to month tenancy. Notice.</p> <p>Where the agreement to rent a building, at a fixed price a month, was indefinite as to duration, such a tenancy was from month to month and under Code of 1906, section 2882 (Hemingway's Code, section 2380), so providing, the tenant was entitled to a notice of one week to terminate the lease.</p>