Legal Opinion

Holmes v. Best

Supreme Court of Vermont

Decided May 15, 1886PublishedCited by 2 opinions

General Assumpsit. The suits were heard together by a referee. Report heard, March Term, 1886, Powers, J., presiding. Judgment in the suit of Holmes v. Best, that the plaintiff recover the sum of $33.34; and judgment in the suit of Best v. Holmes, that the plaintiff recover the sum of $64.67, — $30 of which was one half the amount received by Holmes of Newcomb.

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General Assumpsit. The suits were heard together by a referee. Report heard, March Term, 1886, Powers, J., presiding. Judgment in the suit of Holmes v. Best, that the plaintiff recover the sum of $33.34; and judgment in the suit of Best v. Holmes, that the plaintiff recover the sum of $64.67, — $30 of which was one half the amount received by Holmes of Newcomb. The parties were owners as tenants in common of a small parcel of land with a building thereon used as a slaughterhouse. Holmes excepted to the judgment below. It was ordered that the last judgment be offset, and execution issue for…

1Opinion of the Court

The opinion of the court was delivered by

Taft, J.

The construction we put upon the report of the referee is, that Holmes leased the whole of the property to Newcomb, and although the latter did not use it to exceed one half its capacity, that fact does not affect the question as to what the lease was in respect to the property leased. It would, of course, under the terms of the lease in question, affect the amount received by Holmes as rent. But Holmes leased the slaughter-house, not the half of it, and received the sixty dollars as rent. The occupancy of Newcomb having been, as we think from…

2Cases cited2 opinions

  1. Hayden v. MerrillSupreme Court of Vermont · 1872
  2. Wiswall v. WilkinsSupreme Court of Vermont · 1831

3Cited by2 opinions

  1. Ph&338nix Land Co. v. ExallCourt of Appeals of Texas · 1913
  2. Utah Oil Refining Co. v. LeighUtah Supreme Court · 1939

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