xpressed in the lease, the time may be ascertained by
other evidence. When a lease is to run for one or more years "from" a
specified day, the corresponding day of the year is excluded from the
term, unless a contrary custom exists. A lease to a specified day ends
with its expiration. If there be a doubt on which of two days a lease
terminates, the lessee may decide. More generally, leases of doubtful
duration are construed in favor of the tenants. By statute in New York
leases which do not specify the length of occupation, extend to the
first of the following May after taking possession.
A lease must describe clearly the premises, nor can a defective
description be cured by outside evidence. Any language will suffice
that shows the intention of the parties. The words "grant," "demise,"
and "to farm let," have a technical meaning, and are generally used,
but other words may be and often are used. A memorandum expressing the
consent of the owner that another shall have immediate possession of
the premises, and shall continue to occupy them at a specified rent
and for a definite term, is a sufficient lease; in general, any
agreement under which one person obtains the right of enjoyment to
property of another, with his consent and in subordination.
A distinction exists between a lease and an agreement for a lease,
which should be understood, though it sometimes is not by the parties
themselves. If the agreement is a lease, it cannot be changed by other
evidence, for it is a completed contract; but if it is an agreement
for a lease, then it is not complete and other evidence may be
produced to show what the parties intended. How can the nature of the
agreement be tested? By ascertaining whether it is complete or not.
Thus A wrote to B that he would take his home at a stipulated rent for
two years if he would put in a furnace, with which offer B at once
complied.
This was a lease, for by putting in the furnace nothing more remained
to be done. If he had not put in the furnace, or not before the time A
was to take possession, there would have been no lease, unless A had
waived his offer and taken possession.
Of course to make a valid lease there must be competent parties. A
lease made by a minor is not void, but he may avoid or cancel it by
some positive act. Can he do this before attaining his majority? On
this the authorities differ. Again appears the risk of making
contracts with minors, though the situation many t
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