Property Law Keyed to Dukeminier
Garner v. Gerrish
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The Defendant, Mr. Gerrish (Defendant), leased property by a printed form with blanks that were filled in by the landlord, as well as a provision allowing the Defendant to terminate the lease “at a date of his own choice.” The landlord died leaving the Plaintiff, Mr. Garner (Plaintiff), to execute his estate. The Plaintiff served the Defendant with a notice to quit to premises. The Defendant refused and Plaintiff sued to evict him. Both lower courts found for the Plaintiff, stating that the lease was indefinite and uncertain and therefore created a tenancy at will, which the Plaintiff could terminate with proper notice. Defendant appealed.
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