O'Leary v. Delaney
Supreme Judicial Court of Maine
On report. Assumpsit by Dennis O’Leary and his wife. The declaration alleged that in consideration of the payment of eight dollars per month by Dennis, the defendant promised that Dennis and Ids family should occupy a certain tenement, and that he would keep in repair the premises, including an elevated foot walk leading to the wood house connected with the tenement.
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On report. Assumpsit by Dennis O’Leary and his wife. The declaration alleged that in consideration of the payment of eight dollars per month by Dennis, the defendant promised that Dennis and Ids family should occupy a certain tenement, and that he would keep in repair the premises, including an elevated foot walk leading to the wood house connected with the tenement. The breach assigned was the defendant’s neglect to keep the walk in repair, whereby it fell through and greatly injured the female plaintiff. The presiding justice ruled that the agreement set forth was within the Statute of…
1Opinion of the CourtAppleton, C. J.
This is assumpsit upon a promise made for a valuable consideration by the defendant to the plaintiff, Dennis O’Leary, and its breach.
The plaintiffs offered evidence to show that Dennis O’Leary hired a certain tenement of the defendant at the rate of eight dollars per month, provided the defendant would keep the same in repair, put new shingles on the same, and repair an elevated foot walk connected with a part of the premises, which the defendant promised to do. The breach alleged is in not repairing the foot walk, and that the plaintiff’s wife in passing over the same was severely injured in…
2Cited by3 opinions
- Wilson v. StrongSupreme Judicial Court of Maine · 1984
- Sigmund v. Newspaper Co.Appellate Court of Illinois · 1899
- Personette v. PrymeNew Jersey Court of Chancery · 1881