Strong v. Garfield
Supreme Court of Vermont
Assumpsit, for the use and occupation of lot No. 8, in the 10th range in Hardwick. The defendant had assigned the premises to the plaintiff and had agreed to surrender the possession, by the first day of April, 1837, but had neglected to do so, and' the plaintiffs claim was for the.use and occupation, after that time. The plaintiff had sued, in ejectment, for the premises and recovered a judgment, in that action, against the defendant.
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Assumpsit, for the use and occupation of lot No. 8, in the 10th range in Hardwick. The defendant had assigned the premises to the plaintiff and had agreed to surrender the possession, by the first day of April, 1837, but had neglected to do so, and' the plaintiffs claim was for the.use and occupation, after that time. The plaintiff had sued, in ejectment, for the premises and recovered a judgment, in that action, against the defendant. (See page 497, ante.) Both actions were pending at the same time, and judgment was rendered for the plaintiff, in both, by the county court, and at the same…
1Opinion of the Court
The opinion of the Court was delivered by
Phelps, J.
The only question arising in this case is,whether the plaintiff can recover in this action of assumpsit, for the use and occupation of the land recovered in the ejectment.
By the original contract between these parties, upon the occasion of the sale of the premises by the defendant to the plaintiff, it was stipulated that the defendant might retain possession of the premises until the first of April, following. As no rent was stipulated to be paid for the occupation, *503we infer that none was to be paidbut that the use of the premises till that…
2Cited by5 opinions
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