Savings-Bank v. Getchell
Supreme Court of New Hampshire
The court instructed the jury that they would find upon all the ■evidence in the case what the understanding and agreement of the parties wras as to the payment of rent by the defendant; that to make an agreement or an understanding, the minds of the parties must meet, should mutually assent that rent was or was not to be paid; that if the contract was that the defendant was to pay rent ■after a demand, he would not be liable unless a demand was made.
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The court instructed the jury that they would find upon all the ■evidence in the case what the understanding and agreement of the parties wras as to the payment of rent by the defendant; that to make an agreement or an understanding, the minds of the parties must meet, should mutually assent that rent was or was not to be paid; that if the contract was that the defendant was to pay rent ■after a demand, he would not be liable unless a demand was made. The plaintiff requested the following instructions: It being proved and admitted that the defendant signed an agreement to become tbe tenant of…
1Opinion of the CourtDon, C. J.
The defendant’s written acknowledgment that he held the land as tenant of the plaintiff without prejudice to the defendant’s right to bring a suit in equity, is'not conclusive evidence of a promise to pay rent. All admission of the plaintiff’s title, that might affect the defendant’s claim in a suit in equity, was expressly withheld. The defendant was not to be estopped by his tenancy to assert his own rights, whatever they were, in such a suit. The acknowledgment contains no allusion to rent. And it might be argued that its silence is significant; that if the paper had been intended as…
2Cited by4 opinions
- Raymond v. Great American Indemnity Co.Supreme Court of New Hampshire · 1932
- Barron v. MarshSupreme Court of New Hampshire · 1884
- Clark v. SanbornSupreme Court of New Hampshire · 1895
- Manchester Housing Authority v. Hamilton Realty Corp.Supreme Court of New Hampshire · 1980