Legal Opinion

Silsby v. Allen

Supreme Court of Vermont

Decided August 15, 1870PublishedCited by 6 opinions

Action, trespass. Plea, the general issue and notice. Trial by jury, June term, 1870, Steele, J., presiding. Verdict for the defendant. On the 8th of January, 1867, plaintiff went into occupation of a part of the “ Allen Block,” in St. Johnsbury, under a parol agreement of lease made with defendant’s agent, Sias Randall, to pay as rent $100 if he occupied a year; if less than a year, then $10 per month.

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Action, trespass. Plea, the general issue and notice. Trial by jury, June term, 1870, Steele, J., presiding. Verdict for the defendant. On the 8th of January, 1867, plaintiff went into occupation of a part of the “ Allen Block,” in St. Johnsbury, under a parol agreement of lease made with defendant’s agent, Sias Randall, to pay as rent $100 if he occupied a year; if less than a year, then $10 per month. Within sixty days plaintiff notified said Randall he should occupy a year. Ou the 6th of April, 1867, Randall called on plaintiff and told him he had an opportunity to rent for five years the…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

The parol agreement was for five years, the defendant agreeing to give a written lease for that period, but did not. The rent was to be $160 a year. Assuming this to have been under that express contract only a tenancy at will, when the plaintiff entered and held possession and paid the rent according to stipulation, the tenancy became converted from one at will to a tenancy from year to year. This is the doctrine as correctly stated by Bennett, J., in Barlow v. Wainwright, 22 Vt., 88, viz: the convertibility of an estate at will into a…

2Cases cited1 opinion

  1. Barlow v. WainwrightSupreme Court of Vermont · 1849

3Cited by6 opinions

  1. In re Beliveau NOV, Town of Fairfax v. BeliveauSupreme Court of Vermont · 2013
  2. Rich v. BoltonSupreme Court of Vermont · 1873
  3. Amsden v. AtwoodSupreme Court of Vermont · 1894
  4. Prescott v. SmitsSupreme Court of Vermont · 1985
  5. Connecticut Mutual Life Insurance v. United StatesUnited States Court of Claims · 1886

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