Burnham v. Best

Judge Simpson

delivered the opinion of the Court.

The heirs of James Best, five in number, being the owners of a tract of land and wishing to rent it, offered it publicly to the highest bidder for the term of one year, and Burnham, who had married one of the heirs, rented it for the sum of one hundred' dollars. There was no written contract, or formal lease made by the parties.

After the expiration of the year, this action of assumpsit for use and occupation was instituted against Burnham, by the four other heirs, and a judgment obtained by them for four-fifths of the stipulated rent, and…