Smith v. Rasin

Citations

• 84 Md. 642
• 36 A. 261
• 1897 Md. LEXIS 4

Syllabus

<p>Landlord and Tenant—Leases—Provision for Termination Before End of Term by Notice—Appointment of Arbitrators to Determine Damages— Conditions.</p> <p>• A lease of a term provided that it should continue for fifteen years, unless sooner determined by the lessors as therein provided, and that at the expiration of ten years of the lease, between December 1st and December 31st, 1895, the lessors should have a right to give notice- to the lessees of their desire to terminate the lease and repossess the farm, and that thereupon the lease should be terminated in the following manner : Each party shall select one good and impartial citizen, and these two shall call in a1 third, and these three shall meet on the premises, and inquire what damages, if any, shall be paid by one of the parties' to the other in consideration of the termination of the lease, and said award shall be final and paid by the parties so directed to pay the same within ninety days thereafter and the lessees shall remove from the farm on or before December 31st, 1895, without further notice. In October of the tenth year, the lessors notified the lessees of their desire to terminate the lease on December 31st, 1895, and such notice was accepted as if given in conformity with the lease, between December 1st and December 31st. Each party selected an arbitrator, but no arbitration took place because the parties selected failed to agree on the third. Held,</p> <p>1st. That it was not a condition precedent to the termination of the lease that there should be an arbitration and award of damages, but the lease was terminated by the notice.</p> <p>2nd. That the lease clearly reserved to the lessors a power to terminate the same, and this power was not made dependent upon the. action of the lessees in appointing an arbitrator, or upon the agreement of the arbitrators.</p> <p>3rd. That the intention of the parties was that the lease should terminate upon the giving of the notice, and the object of the arbitratio