MAHER v. JAMES HANLEY BREWING CO

(1) Landlord and Tenant. Tenancy at Will.

Where no contract of hiring was completed, but defendant occupied the premises without rent and without any time agreed upon to limit the occupation and without in any way binding himself to become a tenant for any definite time or at any agreed price, his occupation is that of a tenant at will.

1st. "If the jury find that the defendant entered into possession of the store under its mortgage, with the knowledge and acquiescence of the plaintiff, who afterward accepted rent, the relation of landlord and tenant existed, and the defendant was neither a tenant by will or sufferance."

2nd. "If the jury find at the mortgage sale the plaintiff's agent represented that the purchaser could continue in the store as a tenant upon the terms of the then hiring and into possession of the store and paid rent, the defendants were not tenants at will."

Refused. Heard on petition of defendant for new trial, and new trial denied.