Hennessey v. Hoag
Supreme Court of Colorado
Error to the Superior Court of Denver. This action was commenced before a justice of the peace; hence, there are no written pleadings. The action was by Hennessey, plaintiff below, against Mr. and Mrs. Hoag, defendants, to recover for the use and occupation of certain premises for three months, at the rate of $35 per month. Upon appeal in the superior court, after hearing the evidence, finding and judgment were rendered in favor of defendants.
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Error to the Superior Court of Denver. This action was commenced before a justice of the peace; hence, there are no written pleadings. The action was by Hennessey, plaintiff below, against Mr. and Mrs. Hoag, defendants, to recover for the use and occupation of certain premises for three months, at the rate of $35 per month. Upon appeal in the superior court, after hearing the evidence, finding and judgment were rendered in favor of defendants. The plaintiff brings the case to this court by writ of error.
1Opinion of the CourtJustice Elliott
The assignments of error in this court question the correctness of the decision of the lower court upon the law and the evidence. The facts of the case are practically undisputed.
*461The plaintiff, Hennessey, claimed to be the lessee in possession of an unexpired term of certain real property, though he did not actually occupy it. Hennessey had some negotiations with Hoag about renting the premises. They disagreed about the price; Hennessey asked $35 per month; Hoag offered $25 per month. Heither would yield; and so they separated, Hoag saying that he could do better. Hoag afterwards obtained…
2Cases cited4 opinions
- Smith v. StewartNew York Supreme Court · 1810
- Dickson v. MoffatSupreme Court of Colorado · 1879
- Folsom v. CarliSupreme Court of Minnesota · 1861
- Howe v. RussellSupreme Judicial Court of Maine · 1856
3Cited by2 opinions
- Watson v. United StatesCourt of Appeals for the Eighth Circuit · 1920
- Morton v. LaeschSupreme Court of Colorado · 1912