Carpenter v. United States
Supreme Court of the United States
Appeal from the Court of Claims; the .case as found by that court having been thus: In July, 1863, Major Hunt, of the corps of engineers, entered into negotiations with one Carpenter, owner of an island in Narragausett Bay, for the purchase of it. by the United States for military uses; and a parol contract for the purchase and sale was then formally concluded; the terms being approved by the Secretary of War.
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Appeal from the Court of Claims; the .case as found by that court having been thus: In July, 1863, Major Hunt, of the corps of engineers, entered into negotiations with one Carpenter, owner of an island in Narragausett Bay, for the purchase of it. by the United States for military uses; and a parol contract for the purchase and sale was then formally concluded; the terms being approved by the Secretary of War. The price, as stipulated, was $21,000. In' August following, the officers of the government, with the consent of Carpenter, entered into possession of the island and began to prepare…
1Opinion of the CourtJustice Strong
Though it has sometimes been said that an action of debt, or assumpsit, for the use and occupation of land, can be maintained only when the relation of landlord and tenant has existed between the plaintiff and defendant, this is not strictly accurate, if it be meant that a demise must be in fact proved. It is true that the statute of 11 George II, chapter 19, § 14, enacted that the action might be sustained when a demise has been proved, but the action existed before the statute was enacted, and the only effect'of the statute was to enlarge its sphere. Privity of contract is doubtless…
2Cited by33 opinions
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1892
- Hill v. United StatesSupreme Court of the United States · 1893
- Bigby v. United StatesSupreme Court of the United States · 1903
- Martin v. CampanaroCourt of Appeals for the Second Circuit · 1946
- Altman v. Alaska Truss & Manufacturing Co.Alaska Supreme Court · 1983
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