RESIDENT MAGISTRATE’S COURT. CLYDE.

Dunstan Times, Issue 657, 20 November 1874, Page 2

RESIDENT MAGISTRATE’S COURT. CLYDE.

Thursday, November 19. (Before W. L. Simpson, Esq., P.M.) Cambridge v. Westwood.—Claim L 7 2s Cd, less 10s paid on account, the rent of a cottage on Duustan racecourse. Mr F J. Wilson for plaintiff, and Mr W, Johnson for defendant. The evidence of plaintiff was that he purchased the cottage in October, 187.1 at a Sale by Auction, tbo defendant being then in possession. About a week after the sale he went and took possession, defendant giving him a key. A desultory conversation took placo at the time, during which defendant spoke of being willing to givo two sinkings and sixpence per week rent; no definite arrangement was effected however as to a tenancy, but it was understood that defendant could have the house if he paid Lls within three months. About two months after defendant paid 10s on account of rent, since then he had paid nothing, and on appliiation being made to him, he not only refused to pay, or to givo up possession, hence tho present action, which is for rent at the rata of two shillings and six-pence per week, and combining an application for Order of Ejectment. He had served a notice to quit on the defendant, but that had not been complied with. Mr Johnson contended that there being no specific agreement of tenancy, and tha plaintiff having received 10s on account of rent, in accordance with the law of landlord and tenant, a yearly tenancy was constituted, and applied for a nonsuit. The Bench said, allowing the argument of defendant’s Solicitor to he correct, he must overrule the point as the tenancy must be inferred to commence from the first interview, which was more than a year before the date of the notice to quit. Judgment would be for plaintiff for tho amount claimed, and possession to be given forthwith.