Brainerd v. Arnold
Supreme Court of Connecticut
Bill in equity. The plaintiff', on. the 19th day of February, 1853, had leased to Samuel Arnold 2d and Isaac Arnold, two of the defendants, a tract of land of about thirty acres, owned by him in the town of Middletown, on which was a stone quarry—the lease, after describing the premises, proceeding as follows:— Together with the quarry or quarries thereon, and the privilege of getting out stone in the same; also the privilege of getting out stone in any part of said piece of…
Read the full summary
Bill in equity. The plaintiff', on. the 19th day of February, 1853, had leased to Samuel Arnold 2d and Isaac Arnold, two of the defendants, a tract of land of about thirty acres, owned by him in the town of Middletown, on which was a stone quarry—the lease, after describing the premises, proceeding as follows:— Together with the quarry or quarries thereon, and the privilege of getting out stone in the same; also the privilege of getting out stone in any part of said piece of land, and to use and occupy said land in any manner they may choose, and for all the purposes necessary and. convenient…
1Opinion of the CourtStorrs, C. J.
We are of the opinion that on the facts found by the committee in this case, in connection with the allegations of the bill, the plaintiff is not entitled to relief against any of the defendants. He prays for a cancellation of the lease set out in the bill, and a release to him by the defendants of all their right and title in the leased premises, or that the lease may be corrected so as to be limited to the purpose of quarrying only, and that the defendants may be enjoined to work the quarries in the demised premises in a judicious and proper manner, with such efficiency that the plaintiff…
2Cases cited2 opinions
- Thompsonville Scale Manufacturing Co. v. OsgoodSupreme Court of Connecticut · 1857
- Burr v. SpencerSupreme Court of Connecticut · 1857
3Cited by8 opinions
- The Nat. Refining Co. v. CoxMissouri Court of Appeals · 1933
- Helm v. CantrellIllinois Supreme Court · 1871
- Zauner v. BrewerSupreme Court of Connecticut · 1991
- Home & Farm Co. of Cal. v. FreitasCalifornia Supreme Court · 1908
- Augenstein v. AugensteinAppellate Court of Illinois · 1934
3 more not listed; retrieve them via the Exa API.