Herrin v. Libbey
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Tenney, J., presiding. Covenant Broken. There was a negotiation for the letting of a farm by the plaintiff to the defendants. They selected two persons as arbitrators to decide upon the terms of the lease, and the arbitrators expressed their opinion on the subject.
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On Exceptions from Nisi Prius, Tenney, J., presiding. Covenant Broken. There was a negotiation for the letting of a farm by the plaintiff to the defendants. They selected two persons as arbitrators to decide upon the terms of the lease, and the arbitrators expressed their opinion on the subject. The lease was made June 16, 1843, in which the defendants covenanted to pay a fixed sum for the rent and also to plough and seed ten acres of the land; This suit was brought Jan’y 27, 1849, upon those covenants. Plea non est factum. The jury in answer to specific inquiries returned, upon the evidence,…
1Opinion of the Court
Rice, J. —
The writ, pleadings, lease and its counterpart, which make part of this case, have not come into the hands of the Court. The defence is, that the lease was obtaiued by-fraud and that the rent reserved was increased by the fraudulent practices of the plaintiff and his agent.
In answer to interrogatories, put to them in writing, the jury found, that the lease was obtained by false and fraudulent representations, and that neither party had waived their rights to take advantage of such representations.
The defendants’ counsel requested the presiding Judge to instruct the jury that if they…
2Cited by7 opinions
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Wesley v. DiamondSupreme Court of Oklahoma · 1910
- Peck v. BrewerIllinois Supreme Court · 1868
- Franke v. KelsheimerSupreme Court of Iowa · 1917
- Clift v. HartSupreme Court of Oklahoma · 1916
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