Twisselman v. Reed

NOURSE, P. J. Plaintiff sued in equity for a judgment quieting his title to a leasehold interest in certain farming land, and admitting him to possession of the premises. The defendants had judgment. The issue on the appeal is whether the plaintiff is estopped from claiming the right to possession as a tenant because of his representations to defendants that he held as a tenant under an oral lease from the defendants’ grantor when in fact he was holding under a concealed written lease.

On March 15, 1933, Phelps as owner in fee entered into a written lease of the premises with plaintiff, the lease to run from October 1, 1933, for a period of three years and thereafter “until the said party of the first part shall notify the said second party in writing, thirty (30) days previous to October 1st of any year thereafter.”

The lessor died December 17, 1936, and his administrator entered into negotiations with defendants for the sale of the premises to them. The plaintiff was consulted by the administrator and by all the defendants to all of whom he represented that he was holding under an oral lease only. At all these times the written lease was kept concealed by plaintiff, and the defendants made the purchase without any knowledge of its existence.

The trial court concluded that plaintiff was estopped to deny that the lease under which he held was an oral lease and to deny that notice of termination was given as required. The findings of fact upon which these conclusions of law are based read: ‘ ‘ That it is true that defendants before they purchased said real estate asked plaintiff what his interest in said property was and that plaintiff informed defendants on or about the month of August, 1937, that he was holding said property and had been holding Said property under an oral agreement of lease for several years last past.

‘ ‘ That it is true that said statements of plaintiff were false, that plaintiff knew they were false and intended defendants to rely upon them, and that defendants believed and relied upon said statements of plaintiff and thereafter purchased said property. That had said plaintiff truthfully informed [312]defendants of the written lease under which said plaintiff held said property, defendants would not have purchased said property and that the possession of defendants would be delayed for at least one year under said written contract.

“That it is true that said plaintiff knew said written lease provided ‘that this lease shall continue, after the said term of three years has expired, and until the said party of the first part shall notify the said second party in writing, thirty (30) days previous to October 1st of any year thereafter, ’ and that plaintiff falsely informed defendants that he was relying on an oral agreement, and willfully concealed from defendants said written lease and particularly said clause thereof.