694 MISCELLANEOUS INFORMATION. 



ward manner, the terms and conditions of the agreement, so that there may 

 be no misunderstanding between the landlord and tenant. The lease must 

 state all the conditions, as additional, verbal promises avail nothing in law. 

 It is held, generally, that a written instrument contains the details, and states 

 the bargain entire, as the contracting parties intended. The tenant can sub- 

 let a part, or all, of his premises, unless prohibited by the terms of the lease. 

 A lease by a married woman, even if it be upon her own property, is not valid 

 at common law ; but, by recent statutes, in many States, she may lease her 

 own property and have full control of the same ; neither can the husband 

 effect a lease that will bind her after his death. His control over her property 

 continues only so long as he lives. Neither a guardian nor a minor can give 

 a lease extending beyond the ward's majority, which can be enforced by the 

 lessee ; yet the latter is bound unless the lease is annulled. If no time is 

 specified in a lease, it is generally held that the lessee can retain possession of 

 the real estate for one year. A tenancy at will, however, may be terminated 

 in the Eastern States by giving three months' notice in writing ; in the Middle 

 and Southern States, six months ; and in the Western States, one month ; 

 though recent statutes, in some States, have modified the above somewhat. 

 The lease that specifies a term of years, without giving the definite number, is 

 without effect at the expiration of two years. A lease for three or four years, 

 being signed by the Commissioner of Deeds and recorded in the Recorder's 

 office, is an effectual bar to the secret or fraudulent conveyance of such leased 

 property ; and it further obviates the necessity of procuring witnesses to 

 authenticate the validity of the lease. Duplicate copies of a lease should al- 

 ways be made, and each party retain a copy of the same. A new lease invali- 

 dates an old one. A landlord misrepresenting property that is leased, thereby 

 subjecting the tenant to inconvenience and loss, such damages can be recov- 

 ered from the landlord by deduction from the rent. A lease on property that 

 is mortgaged ceases to exist when the person holding such mortgage fore- 

 closes the same. A landlord consenting to take a substitute, releases the first 

 tenant. Where there is nothing but a verbal agreement, the tenancy is un- 

 derstood to commence at the time of taking possession. Where there is no 

 time specified in the lease, tenancy is regarded as commencing at the time of 

 delivering the writing. If it is understood that the tenant is to pay the taxes 

 on the property he occupies, such fact must be distinctly stated in the lease, 

 as a verbal promise is of no effect. 



Partnership. An agreement between two or more persons to invest their 

 labor, time, and means together, sharing in the loss or profit that may arise 

 from such investment, is termed a partnership. This partnership may consist 

 in the contribution of skill, extra labor, or acknowledged reputation upon the 

 part of one partner, while the other, or others, contribute money, each sharing 

 alike equally, or in fixed proportion, in the profit ; or an equal amount of time, 

 labor, and money may be invested by the partners, and the profits equally 

 divided, the test of partnership being the joint participation in profit, and 

 joint liability to loss. A partnership formed without limitation is termed a 

 general partnership. An agreement entered into for the performance of only 



