Blake v. Preston
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by court at the February term, 1895, Orleans county, Munson, J., presiding. Upon the facts found the court gave judgment for the defendant. The plaintiff excepts. The plaintiff claimed to recover for the use and occupation of a certain room. The house in which this room was belonged to the defendant and • had been leased by her to the plaintiff.
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Assumpsit. Plea, the general issue. Trial by court at the February term, 1895, Orleans county, Munson, J., presiding. Upon the facts found the court gave judgment for the defendant. The plaintiff excepts. The plaintiff claimed to recover for the use and occupation of a certain room. The house in which this room was belonged to the defendant and • had been leased by her to the plaintiff. Previously to the possession of the plaintiff under the lease the defendant and her husband had kept house there. When they moved out the husband of the defendant said to the plaintiff that heyvould like to…
1Opinion of the CourtTyler, J.
To maintain the action of assumpsit for use and occupation, the relation of landlord and tenant must have •existed between the parties, evidenced either by an express •or implied contract creating that relation. The law will imply this relation from the fact of the occupancy of the premises with the consent of the owner; but this implication may be rebutted by proof of a contract, or of any other fact that is inconsistent with the existence of that relation. Stacey v. Vt. Cen. R. Co., 32 Vt. 551; Chamberlin v. Donahue, 44 Vt. 57; Moore v. Harvey, 50 Vt. 297.
This relation was not created…
2Cases cited4 opinions
- Stacy v. Vermont Central RailroadSupreme Court of Vermont · 1860
- Amsden v. FloydSupreme Court of Vermont · 1888
- Chamberlin v. DonahueSupreme Court of Vermont · 1871
- Moore v. HarveySupreme Court of Vermont · 1877
3Cited by1 opinion
- Crawford v. JerrySupreme Court of Vermont · 1940