Cunningham v. Holton
Supreme Judicial Court of Maine
On Exceptions. The case is stated in the opinion. 1. Plaintiff was not defendant’s lessee. He was sub-teiiant without defendant’s knowledge and assent, and was never recognized as his tenant by defendant. Plaintiff paid nothing until fourteen days after he was ejected. Defendant claimed the lessee as the only responsible tenant. The suit, after eviction, cannot be construed into an assent. Taylor on Landlord and Tenant, § 497; Doe v. Meux, 2 I-Iar.
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On Exceptions. The case is stated in the opinion. 1. Plaintiff was not defendant’s lessee. He was sub-teiiant without defendant’s knowledge and assent, and was never recognized as his tenant by defendant. Plaintiff paid nothing until fourteen days after he was ejected. Defendant claimed the lessee as the only responsible tenant. The suit, after eviction, cannot be construed into an assent. Taylor on Landlord and Tenant, § 497; Doe v. Meux, 2 I-Iar. Dig., 3603. 2. Plaintiff had forfeited his term-, if he had any right as tenant, by non-payment of rent April 1, 1866, and defendant entered and…
1Opinion of the CourtAppleton, C. J.
This is an action of trespass quare clausum. It appeared in evidence that, in March, 1865, the defendant leased by parol the store in controversy for three years. The rent was to commence April 1, and was payable quarterly. In August or September following, Patten, the lessee assigned his interest to the plaintiff, who occupied to November, when he sold out to one Freeman. Freeman remained in possession until February, when he re-sold his right to the plaintiff who entered and continued in possession up to April 10th, when the defendant broke in and took possession, which is the trespass…
2Cases cited1 opinion
- Hale v. ParmleyTennessee Supreme Court · 1850
3Cited by9 opinions
- Ralph v. LomerWashington Supreme Court · 1891
- Proctor v. TowsIllinois Supreme Court · 1885
- Tate v. GainesSupreme Court of Oklahoma · 1909
- Cole v. BunchSupreme Court of Oklahoma · 1921
- Williams v. State Highway CommissionSupreme Judicial Court of Maine · 1961
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