Legal Opinion

Central Mills Co. v. Hart

Massachusetts Supreme Judicial Court

Decided March 1, 1878PublishedCited by 38 opinions

Contract on an account annexed for use and occupation of a parcel of land in Southbridge, from January 1, 1872, to the date of the writ, August 12, 1875. Trial in the Superior Court, before Dewey, J., who, after verdict, reported the case for the consideration of this court, in substance as follows : The defendants were trustees in possession, under a mortgage, of the railroad and other property of the Boston, Hartford and Erie Railroad Company from September, 1871, until…

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Contract on an account annexed for use and occupation of a parcel of land in Southbridge, from January 1, 1872, to the date of the writ, August 12, 1875. Trial in the Superior Court, before Dewey, J., who, after verdict, reported the case for the consideration of this court, in substance as follows : The defendants were trustees in possession, under a mortgage, of the railroad and other property of the Boston, Hartford and Erie Railroad Company from September, 1871, until July 27, 1875. The plaintiff put in evidence tending to show that, long before the defendants came into possession of the…

1Opinion of the CourtAmes, J.

In order to maintain assumpsit for the use and occupation of land, something in the nature of a demise must be shown, or some evidence given to establish the relation of landlord and tenant. That relation can only grow out of a contract, and it has accordingly been held that a contract, express or implied, is necessary in order to sustain assumpsit for use and occupation. Codman v. Jenkins, 14 Mass. 93, 95. Boston v. Binney, 11 Pick. 1. Merrill v. Bullock, 105 Mass. 486, 490. Bancroft v. Wardwell, 13 Johns. 489. Smith v. Stewart, 6 Johns. 46. The contract need not be technically formal, but…

2Cases cited5 opinions

  1. Smith v. StewartNew York Supreme Court · 1810
  2. Merrill v. BullockMassachusetts Supreme Judicial Court · 1870
  3. Codman v. JenkinsMassachusetts Supreme Judicial Court · 1817
  4. Wood v. WilcoxCourt for the Trial of Impeachments and Correction of Errors · 1845
  5. Bancroft v. WardwellNew York Supreme Court · 1816

3Cited by38 opinions

  1. Roberts v. Lynn Ice Co.Massachusetts Supreme Judicial Court · 1905
  2. Stern v. LiebermanMassachusetts Supreme Judicial Court · 1940
  3. Milmore v. LandauMassachusetts Supreme Judicial Court · 1940
  4. Connors v. WickMassachusetts Supreme Judicial Court · 1945
  5. Williams v. SederMassachusetts Supreme Judicial Court · 1940

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