Irving v. Thomas
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Perham J. presiding. Assumpsit on a lease in writing not under seal, with a count for the use and occupation of a tavern house, being the same described in the lease. The plaintiff read the lease, dated Dec. 9,1835, by the terms of which the defendant was to occupy the buildings for three years from the first of March, 1836, at a yearly rent of $800, to be paid in two equal semi-annual payments.
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Exceptions from the Court of Common Pleas, Perham J. presiding. Assumpsit on a lease in writing not under seal, with a count for the use and occupation of a tavern house, being the same described in the lease. The plaintiff read the lease, dated Dec. 9,1835, by the terms of which the defendant was to occupy the buildings for three years from the first of March, 1836, at a yearly rent of $800, to be paid in two equal semi-annual payments. At the end of the first six months the defendant paid four hundred dollars. This action was brought after the expiration of the first year. The plaintiff…
1Opinion of the Court
The opinion of the Court was drawn up by'
Shefley J.
Whether the jury came to a right conclusion upon the facts before them cannot be the proper subject of inquiry here upon a bill of exceptions. The case is not in a position to be examined as it would be on a petition or motion for a new trial. The only subjects for consideration here, are those legal questions apparent in the bill of exceptions, and which were decided by the presiding Judge. The first is, whether evidence to prove, that the defendant was induced to accept the lease by the false and fraudulent representations of the plaintiff…
2Cited by9 opinions
- Arbenz v. Exley, Watkins & Co.West Virginia Supreme Court · 1903
- Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884
- Gamble-Robinson Co. v. BuzzardCourt of Appeals for the Eighth Circuit · 1933
- Messer v. SmythSupreme Court of New Hampshire · 1879
- Hans Watts Realty Co. v. Nash Huntington Sales Co.West Virginia Supreme Court · 1929
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