Currier v. Jordan
Massachusetts Supreme Judicial Court
The eirst case was an action for the use and occupation of a certain lot of land with the buildings thereon in Lawrence.
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The eirst case was an action for the use and occupation of a certain lot of land with the buildings thereon in Lawrence. The plaintiff claimed $100. The answer admitted that the defendant was indebted to the plaintiff in the sum of $50 “for rent,” alleged a tender on the day it became due and a profert in court, denied that the defendant owed a greater sum for rent, or for use and occupation, and alleged “ that if the plaintiff shall prove that he occupied the premises of the plaintiff, he did so nnder a paroi agreement with the plaintiff, by his (the plaintiff’s) agent, by which the…
1Opinion of the CourtMorton, J.
The first case is an action for use and occupation. The defendant pleaded a tender, with a profert in curia. This plea is a conclusive admission of the plaintiff’s cause of action. For this reason, without considering the other questions raised, the ruling of the court, that “ no such actual possession by the defendant was proved as to entitle the plaintiff to recover upon an implied contract for use and occupation, and there being no claim for rent in the declaration, the action could not be maintained,” was erroneous. Exceptions sustained.
The second case is an action under the Gen. Sts. e.…
2Cited by4 opinions
- National Machine & Tool Co. v. Standard Shoe Machinery Co.Massachusetts Supreme Judicial Court · 1902
- Wells v. Missouri-Edison Electric Co.Missouri Court of Appeals · 1904
- Bouvé v. CottleMassachusetts Supreme Judicial Court · 1887
- Davis v. Continental Realty Co.Massachusetts Supreme Judicial Court · 1946