Legal Opinion

Rickard v. Dana

Supreme Court of Vermont

Decided February 4, 1902PublishedCited by 9 opinions

Ejectment. Plea, the general issue. Heard upon an agreed statement of facts at the March Term, 1900, Washington County, Tyler, J., presiding. Judgment, pro forma, for the plaintiff. The defendant excepted. The lease contained no covenant against an assignment and the tenant could assign bis interest.

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Ejectment. Plea, the general issue. Heard upon an agreed statement of facts at the March Term, 1900, Washington County, Tyler, J., presiding. Judgment, pro forma, for the plaintiff. The defendant excepted. The lease contained no covenant against an assignment and the tenant could assign bis interest. Wood’s Landlord & Tenant, 529; Robinson v. Perry, 21 Ga. 183; Cooney v. Hayes, 40 Vt. 482; 1 Pingrey on Real Property, 560; 1 Washburn on Real Property, 442. Parol evidence to show an agreement between the parties not included in the written lease was not admissible. If it was, the plaintiff…

1Opinion of the CourtStaeeord, J.

The plaintiffs, Rickard and wife, owning the place in Woodbury where they lived, leased a corner of the yard to their nephew, Ainsworth, to be occupied by a small building which Ainsworth was to erect and own, and remove at his pleasure. The rent reserved was five dollars a year, and the term was to be “as long in years as the said Rickards may own the property where they now live,” and, in case they should sell, Ainsworth had the option to purchase the little lot at fifty dollars. The lease ran to Ainsworth without mention of heirs or assigns, but without any stipulation against subletting…

2Cases cited4 opinions

  1. Robinson v. PerrySupreme Court of Georgia · 1857
  2. Cooney v. HayesSupreme Court of Vermont · 1868
  3. Blanchard v. BowersSupreme Court of Vermont · 1895
  4. Foster v. Estate of KingSupreme Court of Vermont · 1901

3Cited by9 opinions

  1. Duff v. KeatonSupreme Court of Oklahoma · 1912
  2. Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
  3. Paska v. SaundersSupreme Court of Vermont · 1931
  4. Ring v. LundSupreme Court of Iowa · 1906
  5. Dieter v. ScottSupreme Court of Vermont · 1939

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