Von Padua v. American Type Founders Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to recover rental for use and occupation of premises. Judgment for plaintiff. “From mere occupation of land, without showing any permission by the owner, or any recognition of his title, the law implies no promise to pay him for its use.” (Eastman v. Howard, 30 Me. 58, 50 Am. Dec. 611; Janouch v. Pence, 3 Neb.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to recover rental for use and occupation of premises. Judgment for plaintiff. “From mere occupation of land, without showing any permission by the owner, or any recognition of his title, the law implies no promise to pay him for its use.” (Eastman v. Howard, 30 Me. 58, 50 Am. Dec. 611; Janouch v. Pence, 3 Neb. (Unof.) 867, 93 N. W. 217; Pike v. Bright, 29 Ala. 332; Brayton v. Boomer, 131 Iowa, 28, 29, 107 N. "W. 1099.) “The law, in the absence of all evidence to the contrary,…
1Opinion of the CourtRice, J.
Respondent Von Padua recovered a judgment against appellant for the reasonable value of the use and occupation of certain premises belonging to respondent. The evidence in the ease consisted of a stipulation of facts. From this stipulation, and the findings of the court based thereon, it appears that the premises in question were occupied by one *712A. D. Clark, doing business as the Gem Printing Company, under a lease from respondent; that while' Clark was in possession of the premises as lessee he placed! thereon certain property purchased from appellant under conditional sale contracts ; that…
2Cases cited4 opinions
- Skinner v. SkinnerNebraska Supreme Court · 1894
- Kremer v. SchutzSupreme Court of Kansas · 1910
- W. C. Walsh & Co. v. TaylorAppellate Court of Illinois · 1908
- Rodman v. DavisSupreme Court of Oklahoma · 1912
3Cited by1 opinion
- Heiselt Const. Co. v. Morrison-Knudsen Co.Court of Appeals for the Tenth Circuit · 1949