Loomis v. G. F. Heublein & Bro.
Supreme Court of Connecticut
Amicable suit to determine the rights of the respective parties in and to a spring of water upon land owned by the plaintiff, brought to and reserved by the Superior Court in Hartford County, Case, J., upon an agreed statement of facts, for the advice of this court.
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Amicable suit to determine the rights of the respective parties in and to a spring of water upon land owned by the plaintiff, brought to and reserved by the Superior Court in Hartford County, Case, J., upon an agreed statement of facts, for the advice of this court. In 1898 John D. Harger executed and delivered to George B. Fenn an instrument in writing reading as follows: “For myself my heirs and assigns, I lease to George B. Fenn, his heirs and assigns, the exclusive rights to use and have the water of the spring in my pasture in Canton, Conn., and to use such land as is mine for a distance…
1Opinion of the CourtThayer, J.
The controversy between the parties relates to the construction which is to be placed upon the instrument from Harger to Fenn which is recited in the statement. The plaintiff contends that the instrument is either a lease from year to year terminable by either party upon notice at the expiration of any current year, or that it is a lease for an indefinite time, terminable at the will of the lessee any year, and there fore in like manner terminable at the will of the lessor; and that in either case the plaintiff’s notice of his election to terminate the lease on December 31st, 1915, operated…
2Cases cited6 opinions
- Lyford v. LaconiaSupreme Court of New Hampshire · 1909
- Connecticut Spiritualist Camp-Meeting Ass'n v. Town of East LymeSupreme Court of Connecticut · 1886
- Branch v. DoaneSupreme Court of Connecticut · 1845
- Whiting v. WhitingSupreme Court of Connecticut · 1822
- Jamaica Pond Aqueduct Corp. v. ChandlerMassachusetts Supreme Judicial Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jo-Mark Sand & Gravel Co. v. PantanellaSupreme Court of Connecticut · 1953
- Moore v. SerafinSupreme Court of Connecticut · 1972
- City National Bank v. City of BridgeportSupreme Court of Connecticut · 1929
- Connecticut Junior Republic Ass'n v. Town of LitchfieldSupreme Court of Connecticut · 1934
- B. T. Harris Corporation v. BulovaSupreme Court of Connecticut · 1949
8 more not listed; retrieve them via the Exa API.