Pierce v. Pierce
New York Supreme Court
mnis action was tried at the Essex circuit, in March, 1856. JL The complaint contained two counts. The first set forth a special agreement that the defendant should have the use of a certain farm in Essex county, belonging to the plaintiff, until the plaintiff should sell and dispose of the same, and that the defendant should pay the plaintiff, for the use of the same, the sum of $140 per annum.
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mnis action was tried at the Essex circuit, in March, 1856. JL The complaint contained two counts. The first set forth a special agreement that the defendant should have the use of a certain farm in Essex county, belonging to the plaintiff, until the plaintiff should sell and dispose of the same, and that the defendant should pay the plaintiff, for the use of the same, the sum of $140 per annum. The second was the common count for use and occupation.' The defendant answered, 1. Denying each and every allegation in the complaint; 2. Payment in full of all indebtedness ; 3. Payment on an…
1Opinion of the Court
By the Court, C. L. Allen, P. J.
There can be no doubt that a verbal contract, which relates entirely to the sale of an interest in land, is void by the statute of frauds. This principle seems to have been conceded by the defendant’s counsel, on • the argument; but the applicability of the doctrine to this particular case was denied. It has been repeatedly decided that the action for use and occupation will lie where the holding is upon an implied, as well as under an express, permission; and the defendant who goes in under such circumstances is not to be permitted to dispute the title.…
2Cases cited10 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Stevens v. StevensNew York Supreme Court · 1819
- Smith v. StewartNew York Supreme Court · 1810
- Rathbun v. RathbunNew York Supreme Court · 1849
- Williams v. ShermanNew York Supreme Court · 1831
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3Cited by8 opinions
- Tanner v. MerrillMichigan Supreme Court · 1895
- Castle v. ArmsteadAppellate Division of the Supreme Court of the State of New York · 1915
- Oien v. St. Paul City Railway Co.Supreme Court of Minnesota · 1936
- Sylvester v. RalstonNew York Supreme Court · 1859
- Beardsley v. DavisNew York Supreme Court · 1868
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