Inhabitants of Eastham v. Anderson
Massachusetts Supreme Judicial Court
Contract. The declaration was as follows: “And the plaintiff says, that, being the lawful owner of a certain herring fishery in said town of Eastham, which by law the plaintiff had the right to manage, control, have, use and dispose of, the defendant purchased of the plaintiff the right to have said fishery, and the beneficial use of said fishery, and the profit to take the fish in said fishery for the fishing season of the year 1873, and agreed to pay therefor to the…
Read the full summary
Contract. The declaration was as follows: “And the plaintiff says, that, being the lawful owner of a certain herring fishery in said town of Eastham, which by law the plaintiff had the right to manage, control, have, use and dispose of, the defendant purchased of the plaintiff the right to have said fishery, and the beneficial use of said fishery, and the profit to take the fish in said fishery for the fishing season of the year 1873, and agreed to pay therefor to the plaintiff the sum of $170, which the defendant owes the plaintiff.” The answer contained a general denial, and also denied…
1Opinion of the CourtMorton, J.
The warrant for the meeting of the plaintiff town held March 24, 1873, contained the article, “ To see if the town will sell the Herring Brook for three years or more, as *530the town may deem proper, to the highest bidder.” Under this article, Herring Brook was sold in open town meeting to the defendant for three years, for $170 a year, he being the highest bidder. Though the warrant and the record speak of the sale of Herring Brook, there is no question that the right of ‘fishing in the brook was intended and understood as the subject of the sale. It appeared at the trial that the defendant had…
2Cases cited1 opinion
- Inhabitants of Watertown v. WhiteMassachusetts Supreme Judicial Court · 1816
3Cited by4 opinions
- Farnsworth v. . Boro Oil Gas Co.New York Court of Appeals · 1915
- Leadbetter v. PewthererOregon Supreme Court · 1912
- Mathews v. CarltonMassachusetts Supreme Judicial Court · 1905
- Kerr v. HillyardUtah Supreme Court · 1918