Heywood v. Heywood
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Rice, J., presiding. This was an action of assumpsit, in which the plaintiff claimed an amount due on an account annexed; also rent under a lease of a farm occupied by the defendant.
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On Exceptions from Nisi Prius, Rice, J., presiding. This was an action of assumpsit, in which the plaintiff claimed an amount due on an account annexed; also rent under a lease of a farm occupied by the defendant. The lease is dated December 11th, 1811, writ dated March 15th, 1853. The payment of rent, provided by the lease, is as follows, viz.: — “And the said Zimri, on his part, agrees to pay annually to the said Anna W., for the use and rent of said premises, the sum of forty dollars, together with two lambs and two good fleeces of wool, per annum, and to pay all the taxes assessed on said…
1Dissent
Rice, J.,
gave the following dissenting opinion.
This is an action of assumpsit. The principal matter in controversy, is the amount of rent due under a lease of a farm occupied by the defendant. The only question presented by the exceptions, is the true rule of damages applicable to the case.
The plaintiff is the lessor of the farm; the defendant the lessee. The lease contains the following provisions: — “And the said Zimri, on his part, agrees to pay annually to the said Anna, W., for the use and rent of said premises, the sum of forty dollars, together with two lambs and two good fleeces of…
2Cases cited11 opinions
- Smith v. SmithNew York Supreme Court · 1807
- Pinney v. GleasonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Clark & Clark v. PinneyNew York Supreme Court · 1827
- Smith v. DunlapIllinois Supreme Court · 1850
- Dillenback v. JeromeNew York Supreme Court · 1827
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