Summary Ejectment — Contract.
One who enters upon land, under a contract of purchase, cannot be evicted therefrom by summary proceeding under the Landlord and Tenant Act. But if the party so entering, unconditionally surrenders his rights under the contract of purchase, and enters into a contract of lease, he may be evicted by summary proceeding under that act; and it is not necessary that he should actually surrender the possession of the land and receive it again at the hands of the lessor.
READE, J.
The defendant entered under a contract of purchase, and while so possessed a justice of the peace would have no jurisdiction to oust him under the Landlord and Tenant Act. McCombs v. Wallace, 66 N.C. 481; McMillan v. Love, 72 N.C. 18.
But the defendant unconditionally surrendered that contract and his rights under it and agreed to hold under a new contract of lease.
This brought the case under the Landlord and Tenant Act and gave the justice of the peace jurisdiction.
The point made by the defendant was, that in order to change his relation with the plaintiff he must have used the actual ceremony of going out of possession as purchaser and returning as lessee. (184)
We agree with his Honor that that was not necessary for the purpose of this suit.
PER CURIAM. No error.
Cited: Johnson v. Hauser, 82 N.C. 376; Durant v. Taylor, 89 N.C. 353; Benton v. Benton, 95 N.C. 561; Taylor v. Taylor, 112 N.C. 30; May v. Getty, 140 N.C. 316; Lewis v. Gay, 151 N.C. 170.