Hobbs v. Batory

• Court: Maryland Supreme Court
• Citation: Hobbs v. Batory, 86 Md. 68, 37 A. 713 (Md. 1897)
• Decision Date: 22 June 1897
• Parties: HOBBS ET AL. v. BATORY.

37 A. 713

86 Md. 68

HOBBS ET AL. v. BATORY.

Court of Appeals of Maryland

June 22, 1897

Appeal from circuit court, Howard county.

Action by Ignatius Batory, administrator of John Buck, against Thomas A. Hobbs and another. Judgment for plaintiff. Defendants appeal. Affirmed.

Argued before McSHERRY, C.J., and BRYAN, BRISCOE, FOWLER, ROBERTS PAGE, and BOYD, JJ.

Wm. G Sykes and John G. Rogers, for appellants.

James Mackubin and Daniel M. Murray, for appellee.

PAGE J.

This is an action of assumpsit, brought to recover the rent of a farm alleged to be due from the appellants to the appellee. The narr. contains the usual money counts, and in addition thereto two special counts, viz.: One that the appellee rented the farm to the appellants for one year, and the appellants held over for another year, but have not paid the rent for the second year; the other, that the appellants were indebted to the appellee in the sum of $200 for the rent of the farm, and, in consideration of forbearance to "press the collection" thereof, promised to pay the same by the 1st day of December, 1895, but did not do so. The appellee offered in evidence a written contract signed by both the appellants and the appellee, and dated the 1st day of October, 1893, by which it was agreed that "John Buck has rented his farm on which he now resides to the said Thomas A. Hobbs and Stephen R. Hobbs for one year, containing one hundred & thirty-six acres, for the sum of two hundred dollars." The appellants offered oral evidence tending to prove that Stephen R. Hobbs signed the paper as surety only for his brother. On application of the appellee the court ruled, as matter of law, the case having been tried without the intervention of a jury, that "by the true construction of the agreement offered in evidence the defendants were co-tenants of the plaintiff of the property therein named." There was a special exception to this prayer, (the second asked for by the plaintiff), as well as to the plaintiff's third prayer, hereinafter referred to upon the ground there was no evidence in the case legally sufficient to support them. In granting the prayer already stated, as well as the plaintiff's third prayer, we think the court committed no error. Evidence tending to show that Stephen R. Hobbs was a mere surety might be available for the purpose of determining the rights of Stephen as against his brother, Thomas Hobbs, but not for the purpose of altering the legal effect of the written instrument. It is by that the parties have deliberately chosen to express their agreement. All oral stipulations must be regarded as merged in it. This is the general rule, and, though there are certain exceptions to its application, it is sufficient to say that there are no facts in this case that prevent the general rule from applying. Grove v. Rentch, 26 Md. 367. Here the parties specifically agree that the appellee has rented to both the appellants, thereby clearly establishing the relation of landlord and tenant between the appellee, as landlord, and both the appellants, as tenants. The third prayer of the appellee asserted the proposition that if, after the termination of the year mentioned in the agreement, the appellants "remained in possession of the property, as they had held it during that year, with the appellee's assent, then they became the tenants of the appellee at the rent named in the agreement." This prayer required two things to be established before the relation of landlord and tenants could be found for the second year, viz.: First, that the appellants remained in possession; and, second, that such holding over was with the appellee's consent. The words, "as they held it during the first year." do not affect the legal proposition; for, if they remained in possession during the second year, whether or not precisely in the manner and form of the possession of the first year, and with the landlord's assent, their...