Legal Opinion

Moore v. Harvey

Supreme Court of Vermont

Decided October 15, 1877PublishedCited by 2 opinions

Assumpsit in the common counts, with a general count for “ money paid for the rent of a certain pasture,” and “ for the use and occupation of a certain pasture.” Plea, non-assumpsit, and trial by jury, June Term, 1877, Caledonia County, Ross, J., presiding.

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Assumpsit in the common counts, with a general count for “ money paid for the rent of a certain pasture,” and “ for the use and occupation of a certain pasture.” Plea, non-assumpsit, and trial by jury, June Term, 1877, Caledonia County, Ross, J., presiding. On May 6, 1875, the plaintiff, who was a milkman, sold to the defendant his stock in trade, comprising nineteen cows, one milk-wagon, one sleigh, and a quantity of milk cans, for $1000, which was fully paid before this suit was brought. Before the sale, the plaintiff had hired a certain pasture for the then ensuing summer of one Peck,…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

The plaintiff must stand, if at all, on his count in assumpsit for use and occupation. In order to maintain his cause on that count, the relation of landlord and tenant ex contractu, must exist, either by express or implied agreement.

The defendant is explicit that he bought out and paid the plaintiff for the use of the pasture in the sale of the milk business and material for the stipulated $1000. The plaintiff testified that defendant never hired the pasture of him — never agreed to pay for the use of it — that there was no contract…

2Cited by2 opinions

  1. Clark v. Clark's Adm'rSupreme Court of Vermont · 1886
  2. Blake v. PrestonSupreme Court of Vermont · 1895

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