Hard v. Brown
Supreme Court of Vermont
Assumpsit. The plaintiff averred, in his declaration, that the parties, on the 29th day of December, 1842, entered into an agreement in writing, by which the defendant was to lease to the plaintiff a certain tavern house and land for one year after the first day of March, 1843, for a rent reserved of one hundred and twenty-five dollars, payable semi-annually, for the payment of which the plaintiff was to give sufficient security, and also agreed to deliver to the plaintiff,…
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Assumpsit. The plaintiff averred, in his declaration, that the parties, on the 29th day of December, 1842, entered into an agreement in writing, by which the defendant was to lease to the plaintiff a certain tavern house and land for one year after the first day of March, 1843, for a rent reserved of one hundred and twenty-five dollars, payable semi-annually, for the payment of which the plaintiff was to give sufficient security, and also agreed to deliver to the plaintiff, to be used in the tavern, such furniture as he could spare, for the use of which the plaintiff was to pay eight per…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The defendant must be confined to the ground of variance, which it appears by the bill of exceptions was insisted upon in the court below. We do not think that there was, in this particular, a variance between the declaration and the proof. Though we might, perhaps, be of the opinion, that the term rent might be extended, so as to include what might become due for the use of furniture, if the intention of the parties required it, yet we think that the parties did not contemplate, that security should be given for the use of any furniture,…
2Cited by13 opinions
- Frank v. Stratford-HandcockWyoming Supreme Court · 1904
- Chamberlain v. BrownSupreme Court of Iowa · 1909
- Angell v. RosenburyMichigan Supreme Court · 1864
- Brintnall v. Saratoga & Whitehall RailroadSupreme Court of Vermont · 1860
- Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
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