I. DEFINITION.-A lease is a species of contract for the possession and profits of lands and tenements, either for life or a certain term of years, or during the pleasure of the parties.1 A lease is a contract, express or implied, between two or more persons, for the possession of lands or tenements, in consideration of a certain rent to be paid therefor.2 A lease is a contract for the possession and profits of lands and tenements on the one side, and the recompense of rent or other income on the other, or it is a conveyance to a person for life, or years, or at will, in consideration of a return of rent or other recompense.3 II. WHAT IS NOT A LEASE.-Several instances in which agreements have been held not to amount to leases are cited in the cart. Said COLERIDGE, J.: "If a grant had been put on, conferring a right to 'lead manure,' the term would have been construed according to the usual mode of leading; that is, by drawing in a cart." Brunton v. Hall, i Q. B. 792. 1. Bouv. L. Dict. 2. Taylor's Landlord and Tenant, par. 14. 3. Jackson v. Harsen, 7 Cow. (N. Y.) 326. (Quoting Woodfall, ch, 1, par. 1.) Definitions. A contract by which a person is to pay an annual rent of a certain per cent. upon the cost of a building, with the right of becoming owner on paying the price, is a lease. Municipality No. 1 v. New Orleans, 5 La. An. 761. A writing under seal, attested and recorded in these words: "Know all men by these presents, that I do put into the hands of A. J. W. as collateral security for my board with him for the last three years and a half, my house and lot in the town of M.; and he is further authorized to control and receive the rents and profits, if there be any, until the war is over, and some of her children comes and sees to the payment of the above board, unless it should be sooner paid. If the said A. J. W. should receive any rents or profits for the house and lot, he is to give me credit with the amount on my account with him for board; and he will also give me credit with the amount of sale-bill bought at Mrs. W.'s sale, amounting to $672,"-operates in the nature of a lease, and is so regarded in this case. Wells v. Sheerer, 78 Ala. 142. An agreement, whereby one person leases his farm for a year to another person for one-third of the crop, such second person to furnish seed and tools, and keep buildings and fences in repair, is a lease. Strain v. Gardner, 61 Wis. 174. In a receipted bill of sale of hay and oats, wherein "A B bought of C D " there was this memorandum, signed by C D, "Left at stable on O street, where A B takes possession. Rent to begin October 1st, 1870, for one year at $150." Held to be a lease. Eastman v. Perkins, 111 Mass. 30. A conveyance of school lands under the Ohio law, directing to be granted for 99 years renewable forever, reciting the laws under which it was executed, is to be construed a lease according to the statute. though by its terms it imports a conveyance in fee. Hart v. Johnson, 6 Ohio 87. An agreement to construct a building to be occupied when finished by the grantee at a stipulated rent, accompanied by words of present demise, operates as a lease. People v. Kelsey, 14 Abb. (N. Y.) Pr. 372. A written agreement by the owner of land to lease same at a rent payable quarterly, to continue one year from date, and on the other to pay the rent, and signed by both the owner and the other party, is a lease for one year from its date. Hurlbut . Post, 1 Bosw. (N. Y.) 28. Án instrument giving one a right to occupy land for a certain consideration, payable as he occupies, as long as he pleases to do so, is a lease at will of the lessee and therefore at will of the lessor. Doe v. Richards, 4 Ind. 374. The resolutions of the trustees of a town, granting A, his heirs and assigns, the rights and privileges of certain real estate upon certain conditions, cannot operate as a freehold conveyance, but upon the conditions being performed, is notes, but do not admit of the deduction from them of any general rules of law.1 A grant or franchise for a limited term after which it reverts to the State is not a lease.2 III. WHAT MAY BE LEASED.-What property may be leased. Anything corporeal or incorporeal lying in livery or in grant may be the subject of a lease-lands, houses, commons, ways, fisheries, franchises, estovers, annuities, goods, chattels and live stock.3 IV. FORM OF LEASE.-No particular form of expression or technical words are necessary to constitute a lease, but whatever expressions explain the intention of the parties to be, that one shall divest himself of the possession of his property, and the other shall take it for a certain space of time, are sufficient, and will amount to a lease for years, as effectually as if the most proper and permanent form of words had been made use of for that purpose.4 a lease for an indeterminate period. Jackson 7. Hughes, 1 Blackf. (Ind.) 421. A writing which, for a valuable consideration, grants liberty to flow a man's land for a number of years, is a lease within the meaning of the Connecticut statute. Smith 7. Simons, I Root (Conn.) 318. 1. What Is Not a Lease.-An agreement between two tenants in common of lands, that one might occupy the whole, is not a lease. Medlin v. Steele, 75 N. Car. 154 A written authority to a person to give a lease to another on the terms before offered in writing by him, is not in itself a lease. Davis v. Thompson, 13 Me. 209. An order to surrender land to a person, stating "to whom it has been rented for 99 years," is not a lease, nor an agreement for a lease such as could be enforced by a bill in equity for specific performance. Howard 7. Carpenter, in Md. 259. A contract between the owner of land and another person that such other person shall raise a single crop on shares, upon the land of the former, does not amount to a lease of the land. Bishop . Doty, 1 Vt. 38. An agreement by the municipal authorities with a party, that if he would erect a market house for the town he should occupy it for twelve years, with exclusive right to keep it under ordinances requiring stalls to be rented of him for a fixed price. Held, not to be a lease, and to imply no covenants of quiet enjoyment. Brookhaven . Baggett, 61 Miss. 383. 12 C. of L.—62 2. Bridge Proprietors v. State, 21 N. J. L. 384; s. c., N. J. L. 593. 3. Wallace v. Headley, 23 Pa. St. 106; Smith v. Kerr, 3 N. Y. 144; Smith 7. Simons, I Root (Conn.) 318; Mickle v. Miles, 31 Pa. St. 20. Conditional Sales.--A lease does not apply to personal property unconnected with realty. A lease for a piano held to be a conditional sale. Murch . Wright, 46 Ill. 487. A lease of a piano at so much per month, until a certain amount is paid. held to be a conditional sale. Gorham v. Holden, 79 Me. 317. CONDITIONAL SALES DISGUISED AS LEASES. See CONDITIONAL SALES, vol. 3, p. 426; CHATTEL MORTGAGES, vol. 3, P. 175 4. Taylor's Landlord and Tenant, par. 159; Hallett v. Wylie, 3 Johns. (N. Y.) 47: Thornton . Payne. 5 Johns. (N. Y.) 74; Bac. Abr., tit. Lease; Mayerick v. Lewis, 3 McCord (S. Car.) 211; Morrill . Mackman, 24 Mich. 279; Watson v. O'Hern, 6 Watts (Pa.) 362; State . Page, 1 Spear (S. Car.) 408. or In estimating the language which constitutes a lease. the form of words used is of no consequence; and it is not necessary that the term "lease "should be used. Whatever is equivalent will be equally available, if the words assume the form of a licence, covenant agreement, and the other requisites of a lease are present. Moore . Miller, 8 Pa. St. 272: Bussman 7. Ganster, 72 Pa. St. 286; Steel . Frick, 56 Pa. St. 172: Moshier v. Reding, 12 Me. 478; Kunkle v. Phila. Rifle Club, 10 Phila. (Pa.) 52; Jackson v. Hughes, 1 Blackf. 977 99 And the word "lease may vest a lease for years or for life according to the intention of the parties.1 A receipt expressing the terms and the nature of the tenancy may be a lease 2 V. PAROL LEASES.-A parol lease is where the parties agree, either orally or by a writing not under seal.3 (In.) 421; 1. Jamaica Pond Aqueduct Co. v. Chandler, 9 Allen (Mass.) 159; Berridge v. Glassey, 112 Pa. St. 442. 2. Berrington v. Casey, 78 Ill. 317; Eastman. Perkins, III Mass. 30; Gibbons v. Dayton, 4 Hun (N. Y.) 451; Munn v. Wray, 7 Blackf. (Ind.) 403; Alcorn 7. Morgan, 77 Ind. 185; Moring v. Ward, 5 Jones (N. Car.) 272. 3. Parol Leases.-A letting by parol for a sum certain per month, nothing being said about a year, constitutes a lease from month to month, and the fact that the tenant holds over for more than a year cannot make him a tenant from year to year. Hallis v. Burns, 100 Pa. St. 206. A verbal agreement to give a lease is not binding if any essential matter affecting the rights of the parties-as here the time of commencement-is left open to future consideration and remains unsettled. Sourwine v. Truscott, 17 Hun (N. Y.) 432. A lessee who occupies premises cannot avoid paying the rent agreed upon in a parol lease for five years made by a married woman without her husband's concurrence. His liability for rent results from his occupancy, and the terms are properly regulated by a lease otherwise void. Nash v. Berkmeir, 83 Ind. 536. A verbal agreement changing a contract under seal is valid if supported by a new consideration and not within the statute of frauds. Wilyes v. Whitehead, 89 Pa. St. 131. A parol licence by lessor to lessee to remain in possession after the expiration of the lease, made without consideration, is subject to revocation. Walker v. Wilson, 52 Ill. 352. A parol lease for one year is valid, and if the tenant under such a lease holds over for a portion of another year the lessor may elect to treat him as tenant from year to year, and recover the value of the premises as upon a lease from year to year. Shepherd v. Cummings, 1 Coldw. (Tenn.) 354. A parol lease "by the year" is for one year and binds the parties no longer. Pleasants 7. Claghorn, 2 Miles (Pa.) 302. Although a lease may be void by the statute of frauds if the tenant goes into possession thereunder and remains for a time, the lease may be looked to in determining the amount of rent due. Evans v. Winona Lumber Co., 30 Minn. 515. There may be a parol reservation of the landlord's share in growing wheat from a written lease, under which the lessee takes possession before the maturity of the crop. Hisey v. Troutman, 84 Ind. 115. Where the owner of certain lands enters into an agreement with another person by which the last named party is to raise a crop of wheat, corn and fodder upon the land, the owner to furnish all the teams, horses, etc., all seed, wheat and corn, and all the carts, etc., and some guano; the second party to do all the labor and cultivate and tend the crops, etc; the owner to have a certain portion of the crop and the other person the residue; held not to be a parol lease. Currey v. Davis, I Houst. (Del.) 598. Where a party enters into possession of premises under a verbal letting, which is voidable under the statute of frauds, agreeing to pay rent monthly, which he pays as it accrues, he becomes a tenant from month to month. Browell v. Welch, 91 lil. 523. A parol lease of premises for a year to commence in futuro, is not an executory contract prior to the time of taking possession. It vests a present interest in the term and cannot be rescinded by either party alone. In case therefore, of a refusal of the lessee to perform the lessor is not required to lease to another if he has an opportunity, and is not confined to his remedy for actual damages, but may refuse to ac cept a rescission and hold the lessee liable for the rent. Becar v. Flues, 64 N. Y. 518. Statute of Frauds. For the operation of the statute of frauds upon parol leases, see FRAUDS, STATUTE OF, vol. 8, p 664 et seq., in connection with which the following cases may be examined: Alabama.-A verbal contract for the rent of a house for the term of one year to commence at a future day is void under the statute of frauds. Parker 7. Hollis, 50 Ala. 411. In Alabama under the statute of frauds (Code, § 212, subd. 1, 5) a parol agreement for a lease of land for the term of one year to commence in future is void. Oliver v. Ala. Gold Life Ins. Co., 82 Ala. 417. A verbal lease or an unsigned writing in the form of a lease granting the right to enter on lands and mine ore for the term of two years is void under the statute of frauds and cannot amount to more than a parol licence, which is revocable. Hammond v. Winchester, 82 Ala. 470. Missouri.-Tenancies at will may be created without writing, and are not within the Missouri act regulating conveyances. Murray v. Armstrong, II Mo. 209. A parol lease for a term of years, though by the Missouri statute of frauds declared to create a tenancy at will, has the effect of creating a tenancy from year to year. Kerr 7. Clark, 19 Mo. 132. The Missouri statute of frauds provides that all leases, etc., made by parol shall have the force and effect of leases at will only. Notwithstanding this statute the doctrine in Missouri is, that after the expiration of a written lease a tenancy from year to year may arise by verbal permission to hold over and receipt of yearly rent. Hammon v. Douglas, 50 Mo. 434. New Jersey-A parol demise for a longer term than three years is void as a lease for such term, but it operates as a demise from year to year. Drake 7. Newton, 23 N. J. L. (3 Zab.) III. New York.-A parol lease of lands for one year to commence in futuro is void, being a contract relative to lands and a contract not to be performed within a year from the making thereof. Crosswell v. Crane, 7 Barb. (N. Y) 191. A parol lease for a term of one year is not void by the statute of frauds, .although the term is not to be com menced till a future date. A lease void by the New York statute of frauds is deemed valid until the 1st day of May next after possession given. Taggard v. Roosevelt, 2 E. D. Smith (N. Y.) 100. Delaware.-A lease for a year may be by parol. Himesworth v. Edwards, 5 Harr. (Del.) 376. A parol contract that a party should have a certain meadow for three years as a compensation for clearing it-he seeding it-was held not admissible in evidence, the Delaware statute of frauds requiring that all contracts relating to lands be in writing. Scotten v. Brown, 4 Harr. (Del.) 324. Massachusetts.-A parol agreement between the parties to a lease, in writing entered into before the expiration of the lease, that the lessee would take the premises for another year on the same terms is within the Massachusetts statute of frauds, as an agreement not to be performed within a year and no action can be maintained thereon. Delano v. Montague, 4 Cush. (Mass.) 42. Indiana.-Under the Indiana Rev. Stat. 1843, ch. 28, par. 16, a suit by a lessee against the lessor for refusing to deliver possession will not lie upon a verbal agreement to lease land for two years the occupation to commence at a future day. Stackberger v. Mosteller, 4 Ind. 461. Under the Indiana laws a parol lease for a year, to commence thirty days after the making of the contract, is valid within the statute of frauds. Hoffman v. Starks, 31 Ind. 474. By Massachusetts Stat. 1783, ch. 37, par. 1, all parol leases have the effect of leases at will only. Ellis v. Paige, 1 Pick. (Mass.) 43. Georgia.-Under the Georgia statute of frauds, a parol lease for more than three years has the effect of an estate at will. Cody . Quarterman, 12 Ga. 386. New Hampshire. A licence or privilege to be exercised upon land is not within the statute of frauds and may be granted by parol. Woodbury Parshley, 7 N. H. 237. 7'. Ohio. Possession given under a parol lease of lands and part performance by the lessee, takes it out of the Ohio statute of frauds. Wilber . Paine, 1 Ohio 251; Grant 7. Ramsey, 7 Ohio St. 158; Moore v. Beasley, 3 Ohio 294. Connecticut. - An agreement respecting the leasing of real estate not VI. AGREEMENT FOR LEASE.—It is sometimes quite difficult to distinguish a lease from an agreement for a lease. In determining whether an instrument is a present lease or simply an agreement for a future lease, the whole tenor and effect of the instrument must be considered, and in such considerations the intentions of the parties must be respected, for if it manifestly appear that it was the intention of the parties to the instrument that it should be simply an agreement for a lease, although some portions thereof import a present demise, the law will construe it to be an agreement for a lease.1 An agreement for a lease can be amended or altered to suit the intentions of the parties thereto, while in a complete lease the parties are bound by its implied as well as its express covenants. An agreement leaves something further to be done by the parties in the future, while a lease leaves nothing undone, and is a demise complete in its provisions and terms.2 to be performed in one year is not within the Connecticut statute of frauds. Janes v. Finny, I Root (Conn.) 549. Tennessee. -A verbal lease under the Tennessee statute of frauds for six years is void and cannot be construed as a lease from year to year. Porter v. Gordon, 5 Yerg. (Tenn.) 100. Illinois. A parol lease for a term not exceeding one year is valid. Bull v. Griswold, 19 Ill. 631. A verbal agreement to lease land for one year, which by its terms, is not to be performed within one year from the making thereof, is void. Olt v. Lohnas, 19 Ill. 576. North Carolina.-A verbal agreement for land for more than three years, and those for mining for any term though less than three years, are void under the North Carolina statute of frauds. Briles v. Pace, 13 Ired. (N. Car.) L. 279. Mississippi-A verbal contract for a lease of land for more than a year is void. Phipps v. Ingraham, 41 Miss. 256. 1. Hallett . Wylie, 3 Johns. (N. Y.) 44; Jackson. Clark, 3 Johns (N. Y.) 424; Jackson . Myers, 3 Johns. (N. Y.) 388; Bacon 2'. Bowdoin, 22 Pick. (Mass.) 401; State v. Page, 1 Spear (S. Car.) 408; Goodlittle v. May, 1 T. R. 735. 2. Kabley . Worcester Gas. Co., 102 Mass. 394. An agreement in writing drawn up at the first interview and signed at that time, describing the premises to be let, the term and the rent, with a clause "notes and papers to be drawn up as Har soon as convenient," held to be an A writing having been drawn up at the second interview between the parties, which specified particularly the duties and obligations of the lessee, was signed by him and delivered, with his notes for the rent as specified, to the lessor, who thereupon surrendered to him the original writing; this, without more, would amount to an executed lease, and the lessor would be held to have waived any stipulations not contained in the writing. But, it being further shown that the parties separated with the understanding that they were to meet a third time, when a duplicate of the writing signed by the lessee was to be prepared and signed by the lessor, and the first writing was to be then surrendered by the lessee, and that this was not done at the third meeting; these facts show that the parties considered the transaction as still incomplete, and the writings operate only as an executory agreement for a lease. Harrison v. Parmer, 76 Ala. 157. A written contract of lease for cer tain rent, with an agreement that the lessor would pay for repairs and for the support of A, but no provision for the duration of the contract, the kind of repairs, or for the support of A, held to be a contract partly written and partly parol. Gordon . Gordon, 96 Ind. 134. An entry under a written agreement for a lease for a definite term, and at a specified rent, and the payment and receipt of the rent, constitute a valid lease between the parties for the term therein named, and at the rental speci |