Mack v. Dailey
Supreme Court of Vermont
Justice ejectment, Plea, the general issue. Trial by court at the September term, 1892, Washington county, Ross, C. J., presiding. Upon the facts found judgment was given for the defendant. The plaintiff excepts.
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Justice ejectment, Plea, the general issue. Trial by court at the September term, 1892, Washington county, Ross, C. J., presiding. Upon the facts found judgment was given for the defendant. The plaintiff excepts. The plaintiff, as the administrator of one Jackson, leased to the defendant certain premises in the town of Woodbury for a term commencing June 1, 1891, and extending to November 1, 1891, for a rent of ten dollars per month, payable monthly, and whatever taxes might be assessed against said premises for that year. The lease provided that if the defendant kept and performed all its…
1Opinion of the CourtMunson, J.
The defendant did not always pay the monthly rent on the day it became due, but the plaintiff accepted it when paid without objection. This acceptance was a waiver of the right to treat the failure to pay when due as a breach of the stipulation. Having thus performed his stipulations as lessee, the defendant was entitled to the benefit of the agreement to sell. The provision that the lessee may. buy at the option of the parties clearly means at *92his own option, and would add nothing to the contract unless so construed. The defendant seasonably made known to the plaintiff his election to take…
2Cases cited2 opinions
- Davis v. HemenwaySupreme Court of Vermont · 1855
- Pitkin v. BurchSupreme Court of Vermont · 1875
3Cited by8 opinions
- Entrepreneur, Ltd. v. YasunaDistrict of Columbia Court of Appeals · 1985
- Durfee House Furnishing Co. v. Great Atlantic & Pacific Tea Co.Supreme Court of Vermont · 1927
- Hafemann v. KorinekWisconsin Supreme Court · 1954
- Pear v. DavenportMassachusetts Appeals Court · 2006
- Washburn v. WhiteMassachusetts Supreme Judicial Court · 1908
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