Garner v. Gerrish

Donovan leased a house to Gerrish (defendant) using a preprinted form specifying no fixed termination date but giving Gerrish, by name, "the privilege of terminating this agreement at a date of his own choice." After Donovan died, his executor Garner (plaintiff) sued to evict Gerrish, and the trial court, relying on old precedent holding that a lease terminable by the lessee is automatically terminable at will by the lessor too, ruled the eviction lawful; the Appellate Division affirmed.