Robert Raitz & Co. v. Dow

Citations

• 20 Ohio C.C. Dec. 284

Syllabus

<p>LANDLORD AND TENANT — JUDGMENTS AND DECREES— VENDOR AND PURCHASER.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1. Superior Rights op Lessee in Possession under an Imperfectly Executed Lease as against Purchaser with Notice thereof.</p> <p>Where a tenant has been in possession for a considerable period under an imperfectly executed lease, the writing will he treated as a contract for a lease, and as against a purchaser of the property having knowledge of the fact, who is seeking to oust the tenant, a decree will he granted directing that a valid lease he executed.</p> <p>[For other cases in point, see 5 Cyc. Dig., “Landlord and Tenant,” §§ 65-68. —Ed.]</p> <p>2. Magistrate’s Judgment in Forcible Entry and Detainer not a Bar to Injunction Proceedings.</p> <p>An action in forcible entry and detainer in such a case, in which a judgment of ouster has been taken by the purchaser, is not a bar to injunction proceedings brought by the tenant to prevent interference with his possession.</p> <p>[For other cases in 'point, see 4 Cyc. Dig., “Forcible Entry and Detainer,” § 82. — Ed.]</p> <p>3. Tenant Taking Partner does not Effect Lease.</p> <p>The fact that the lease in its imperfect form was made to a tenant, who subsequently with the knowledge of the lessor brought in another as a partner with him in the business, would not operate under the statute to invalidate the agreement for occupancy.</p> <p>4. Where Rent to be Paid.</p> <p>In the absence of any stipulation to the contrary me leased premises is the place for the payment of rent, and' the lessor is not required to demand the rent to put himself in a position to claim a forfeiture but he should go to the premises in due time and give the tenant an opportunity to pay the rent there, unless there is a stipulation for the payment of the rent elsewhere.</p> <p>[For other cases in point, see 5 Cyc. Dig., “Landlord and Tenant,” §§ 533-536. — Ed.]</p> <p>[Syllabus approved by the court.]</p>