Dalton v. Laudahn

Laudahn sued Dalton before a justice, for use and occupation of lands, and recovered judgment, which was reversed on special appeal, on the ground that assumpsit would not lie on a lease under seal. Error is brought upon the judgment of reversal.

The action for use and occupation is regulated by statute in England and in some of the United States, and is confined in terms by those statutes to leases not under seal.— Wood v. Wilcox, 1 Denio, 37. It is held in this state to lie at common law, and to .be practically an action upon agreement, express or implied. — Dwight v. Cutler, 3 Mich., R.,…