Anderson v. Robbins
Supreme Judicial Court of Maine
Agreed statement. This was an action of assumpsit on account annexed to recover $31.25 for rent of a house on Congress street, Belfast, from September 22, 1888, to December 7, 1888, being two months and fifteen days. It appeared that prior to September 22, 1888, the plaintiff had leased, verbally, the premises named in the account annexed to the defendant at an agreed rental of $150 per year, payable quarterly.
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Agreed statement. This was an action of assumpsit on account annexed to recover $31.25 for rent of a house on Congress street, Belfast, from September 22, 1888, to December 7, 1888, being two months and fifteen days. It appeared that prior to September 22, 1888, the plaintiff had leased, verbally, the premises named in the account annexed to the defendant at an agreed rental of $150 per year, payable quarterly. The defendant had paid the plaintiff the agreed rent to September 22, 1888, which was the end of a quarter. At the time when the defendant leased said premises, and for a long time…
1Opinion of the CourtVirgin, J.
Assumpsit by a mortgagor of real estate against his tenant under a verbal lease, made after the mortgage, at a rent payable quarterly, for the recovery of two and one half months’ rent.
The principal question presented is: When a mortgagor in possession verbally leases the premises at a rent payable quarterly, and the mortgagee, fifteen days before the expiration of a current quarter, duly enters and takes possession for condition broken, *424whereupon, on demand, by the mortgagee, the tenant agrees to pay, and, at the end of the current quarter, does pay to him the rent for the whole quarter, —…
2Cases cited6 opinions
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- Fitchburg Cotton Manufactory Corp. v. MelvenMassachusetts Supreme Judicial Court · 1818
- Patterson v. CaldwellCourt of Appeals of Kentucky · 1859
- Zule v. ZuleNew York Supreme Court · 1840
- M'Kirhcer v. HawleyNew York Supreme Court · 1819
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3Cited by6 opinions
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- Littlebrook Airpark Condominium Association v. Sweet Peas, LLCSupreme Judicial Court of Maine · 2019
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