Small v. Clark
Supreme Judicial Court of Maine
On report. Judgment for defendant. Damages for defendant to be assessed according to the opinion. Forcible entry and detainer before a Trial Justice in Waldo County, for the purpose of obtaining possession of a hotel called the Lake House, in Freedom, in that county. The Trial Justice found for the plaintiff, issued a writ of possession upon which the defendant was ejected from the premises.
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On report. Judgment for defendant. Damages for defendant to be assessed according to the opinion. Forcible entry and detainer before a Trial Justice in Waldo County, for the purpose of obtaining possession of a hotel called the Lake House, in Freedom, in that county. The Trial Justice found for the plaintiff, issued a writ of possession upon which the defendant was ejected from the premises. From the proceedings of the Trial Justice the- defendant appealed to this court sitting at nisi prius and, after the testimony before the jury had been taken out, the case was by agreement of the parties…
1Opinion of the CourtSayage, J.
Action of forcible entry and detainer. April 3, 1901, J. I. Watts, then the. owner of the premises in question, leased them to the defendant for the term of four years at a rental of $130 a year. The lease contained the following stipulations, among others; “Be it understood and agreed that-if either party *307should see fit to terminate this lease before it expires he shall pay the other fifty dollars and the said Clark shall have the first refusal when sold”; also, “be it further understood that said house shall not be used for any other purpose than a hotel, and no intoxicating liquors shall…
2Cases cited1 opinion
- Delano v. BartlettMassachusetts Supreme Judicial Court · 1850
3Cited by14 opinions
- Entrepreneur, Ltd. v. YasunaDistrict of Columbia Court of Appeals · 1985
- North School Congregate Housing v. MerrithewSupreme Judicial Court of Maine · 1989
- Plassmeyer v. BrentaNew Jersey Superior Court Appellate Division · 1953
- Schneider v. SpringmannCourt of Appeals for the Sixth Circuit · 1928
- Yancy v. JeffreysArizona Supreme Court · 1932
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