Murphy v. Little
Supreme Court of Vermont
Justice Ejectment. Plea, the general issue. Trial by jury at the September Term, 1895, Chittenden County, Taft, J., presiding. Verdict ordered, and judgment thereon rendered, for the plaintiff. The acceptance of rent for March and April created the relation of landlord and tenant between the plaintiff and defendant on the terms of the original lease.
Read the full summary
Justice Ejectment. Plea, the general issue. Trial by jury at the September Term, 1895, Chittenden County, Taft, J., presiding. Verdict ordered, and judgment thereon rendered, for the plaintiff. The acceptance of rent for March and April created the relation of landlord and tenant between the plaintiff and defendant on the terms of the original lease. The acceptance of the checks offered for the rent for April, May and June constituted a satisfaction of the plaintiff’s claim for those months. Therefore no rent was due at the commencement of the suit. Bromley v. School Dist., 47 Vt. 381;…
1Opinion of the CourtThompson, J.
At the time the defendant purchased the property in question of John J. Thompson, the defendant was in possession thereof under a parol lease from Thompson for one. year, beginning July 20, 1892, and ending July 20, 1893, at an annual rent of $1200, payable in instalments of $100 on the first day of each month in advance. Under this lease the defendant was a tenant at will only. Y. S. § 2218; Amsden v. Blaisdell, 60 Vt. 386. The premises were conveyed, to the plaintiff by Thompson, February 23, 1893. Subsequent to the conveyance the plaintiff accepted rent of the defendant for the months of…
2Cases cited2 opinions
- Connecticut River Lumber Co. v. BrownSupreme Court of Vermont · 1895
- Amsden v. FloydSupreme Court of Vermont · 1888
3Cited by11 opinions
- Kpc Corporation v. the Book Press, Inc.Supreme Court of Vermont · 1993
- Drown's Guardian v. Chesley's EstateSupreme Court of Vermont · 1917
- G. R. Bianchi Granite Co. v. Terre Haute Monument Co.Supreme Court of Vermont · 1917
- Eisenberg v. C. F. Battenfeld Oil Co.Michigan Supreme Court · 1930
- Siwooganock Guaranty Savings Bank v. CushmanSupreme Court of Vermont · 1937
6 more not listed; retrieve them via the Exa API.