Johnson v. Muzzy
Supreme Court of Vermont
Covenant for rent. Pleas, non est factum, accord and satisfaction, and offset. That part of the declaration which was furnished to the reporter, recited, “that whereas, on &c., at cited Co. Lit. 229 a, 231 a ; Lit. §§370, 374, 666, 667; Shep. Touch. 177; Cro. Jac. 240, 399, 612; Brett v. Cumberland, 1 Roll. Rep. 359; 2 lb. 63, 159; 8 Bulst. 163, 164 ; 38 Edw." 3,8a; 45 lb. 11, 12; Finch’s Law, 109 ; Vin. Abr. Covenant, B. pi. 1, 1 a, 2 ; Cruise Dig. 447, §§3, 4; Bac. Abr.
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Covenant for rent. Pleas, non est factum, accord and satisfaction, and offset. That part of the declaration which was furnished to the reporter, recited, “that whereas, on &c., at cited Co. Lit. 229 a, 231 a ; Lit. §§370, 374, 666, 667; Shep. Touch. 177; Cro. Jac. 240, 399, 612; Brett v. Cumberland, 1 Roll. Rep. 359; 2 lb. 63, 159; 8 Bulst. 163, 164 ; 38 Edw." 3,8a; 45 lb. 11, 12; Finch’s Law, 109 ; Vin. Abr. Covenant, B. pi. 1, 1 a, 2 ; Cruise Dig. 447, §§3, 4; Bac. Abr. Covenant, A. ; 1 Roll. Abr. 517, pi. 40 ; 2 Jacob Law Diet. 120 ; Com. Dig. Covenant, A. 1, B. 3 ; Dyer 13 c. pi. 66 ;…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
This is an action of covenant, brought to recover for the rent of certain promises situate in the village of Jamaica. *421The declaration alleges that the plaintiffs and the defendant made a certain indenture, dated the 20th day of August, 1862, which was sealed with their seals, and that in and by said indenture, the defendant, among other things, covenanted and agreed to pay the rent, for the recovery of which this suit is brought.
The defendant pleads non e.st factum. The plaintiffs offered in evidence the lease of the premises described in the…
2Cases cited2 opinions
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Gale v. NixonNew York Supreme Court · 1826
3Cited by11 opinions
- Sanger v. WarrenTexas Supreme Court · 1898
- Sexauer v. WilsonSupreme Court of Iowa · 1907
- United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1916
- Drown v. OderkirkSupreme Court of Vermont · 1915
- State Ex Rel. Copley v. CareyWest Virginia Supreme Court · 1956
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