Jenkins v. Gastonia Cotton Manufacturing Co.

Supreme Court of North Carolina

Jenkins v. Gastonia Cotton Manufacturing Co.

20 S.E. 724, 115 N.C. 535

CourtSupreme Court of North Carolina

DecidedSeptember 5, 1894

StatusPublished

Cited by3 cases

This text of 20 S.E. 724 (Jenkins v. Gastonia Cotton Manufacturing Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jenkins v. Gastonia Cotton Manufacturing Co., 20 S.E. 724, 115 N.C. 535 (N.C. 1894).

Pincite

Opinion

MacRae, J.:

We do not deem it necessary to have the testimony set out in the case, for we have repeatedly considered the statute, section 683; and at this term in Spence v. Cotton Mills, we have held that such contract, not being in writing and in compliance with the statute, and being executory in its nature, was void and incapable of ratification. The plaintiff cannot, therefore, be aided by the principle laid down in James v. Russell that where one stands' silently by and hears a contract made by him for another he is bound by it, for a void contract could not be ratified or continued.

But the defendant became the tenant of plaintiff on the 13th of February, 1894, and paid the rent to him by the quarter, as if the quarter had begun on the 1st of January, 1893. No special contract was made between the plaintiff and defendant, and we can have no light from the dealings between defendant and the former owner. Did this constitute defendant plaintiff’s tenant, up to January 1, 1894? Tenancies at will, are not favored, and regular payments of rent, there being no express agreement that the tenancy shall be at will raised the presumption of a contract for a time certain. “ In the absence of words limiting or defining the nature of a tenancy, the principal test of a tenancy from year to year is whether there is a reservation of annual rent, or payment of, or an agreement to pay rent for such an aliquot part of a year, as monthly, quarterly or half-yearly, so that a presumption can be raised that the parties intended to create such a tenancy.” 2 Wood Landlord and Tenant, 97; Steadman v. McIntosh, 4 Ired., 291. There was in this case evidence to show occupation and three quarterly payments, and no contract confining the tenancy to the quarter.

*538 We are of opinion that this evidence should have been submitted to the jury, with proper instructions, that they might determine the rights of the parties. New Trial.

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MacRae, J.:

We do not deem it necessary to have the testimony set out in the case, for we have repeatedly considered the statute, section 683; and at this term in Spence v. Cotton Mills, we have held that such contract, not being in writing and in compliance with the statute, and being executory in its nature, was void and incapable of ratification. The plaintiff cannot, therefore, be aided by the principle laid down in James v. Russell that where one stands' silently by and hears a contract made by him for another he is bound by it, for a void contract could not be ratified or continued.

But the defendant became the tenant of plaintiff on the 13th of February, 1894, and paid the rent to him by the quarter, as if the quarter had begun on the 1st of January, 1893. No special contract was made between the plaintiff and defendant, and we can have no light from the dealings between defendant and the former owner. Did this constitute defendant plaintiff’s tenant, up to January 1, 1894? Tenancies at will, are not favored, and regular payments of rent, there being no express agreement that the tenancy shall be at will raised the presumption of a contract for a time certain. “ In the absence of words limiting or defining the nature of a tenancy, the principal test of a tenancy from year to year is whether there is a reservation of annual rent, or payment of, or an agreement to pay rent for such an aliquot part of a year, as monthly, quarterly or half-yearly, so that a presumption can be raised that the parties intended to create such a tenancy.” 2 Wood Landlord and Tenant, 97; Steadman v. McIntosh, 4 Ired., 291. There was in this case evidence to show occupation and three quarterly payments, and no contract confining the tenancy to the quarter.

*538 We are of opinion that this evidence should have been submitted to the jury, with proper instructions, that they might determine the rights of the parties. New Trial.

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Bluebook (online)

20 S.E. 724, 115 N.C. 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-gastonia-cotton-manufacturing-co-nc-1894.

Opinion

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