Manhattan Bible College v. Stritesky

The opinion of the court was delivered by This was an action in ejectment to recover possession of real property. Summarily the facts are: The Manhattan Bible College, hereinafter referred to as plaintiff, (appellee), was the owner of a quarter section of land in Marshall county. It entered into a written lease with Frank E. Stritesky, defendant (appellant), dated February 25, 1958, whereby plaintiff rented the land to the defendant for one year ending February 28, 1959. On expiration of this lease defendant held over with consent of the plaintiff, thereby becoming a tenant from year to year. In order to terminate such tenancy by March 1, 1961, defendant gave plaintiff thirty days' notice in writing prior to February 28, 1961. During the year 1960, and prior to September 10, there had been some discussion between plaintiff and defendant about a new lease. Following its receipt of a letter dated September 10 from defendant, plaintiff made a rough draft of the proposed lease and discussed the matter with defendant. Certain suggested changes were made in the lease by plaintiff, and on September 16 two copies of the proposed lease were signed by the plaintiff and mailed to the defendant with instructions to sign both copies and return one copy to the plaintiff. Several days later defendant made objection by saying that water rights had been left out of the lease.