Thompson v. Bower
New York Supreme Court
APPEAL, by' the defendant, from a judgment of the county court of Allegany county. The action was brought to recover for the use and occupation of land, and was originally commenced in a justice’s court.
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APPEAL, by' the defendant, from a judgment of the county court of Allegany county. The action was brought to recover for the use and occupation of land, and was originally commenced in a justice’s court. In the month of March, 1863, the original plaintiffs, Edward Thompson, William Thompson and Calvin Thompson, entered into a verbal contract with the defendant to sell to him about 32 acres of land inWard, Allegany county, H. Y., at $14 per acre, he to have possession and pay the taxes, and as the plaintiffs claimed, pay a handsome payment down, the first year, and the interest annually on the…
1Opinion of the Court
By the Court, Johnson, J.
This is an action to recover for the use and occupation of premises, and cannot be maintained, unless the relation of landlord and tenant existed between the parties, by virtue of some agreement, either express or implied. At common law, an action of assumpsit for rent would not lie, except upon an express promise made at the time of the demise. But by our statute, an action on the case was authorized, to recover a reasonable satisfaction for use and occupation by a person under any agreement, whether by deed or parol. (1 R. S. 748, § 26.) Under this statute it has…
2Cases cited2 opinions
- Smith v. StewartNew York Supreme Court · 1810
- Sylvester v. RalstonNew York Supreme Court · 1859
3Cited by10 opinions
- Preston v. . HawleyNew York Court of Appeals · 1886
- Smeekens v. BertrandIndiana Supreme Court · 1974
- Castle v. ArmsteadAppellate Division of the Supreme Court of the State of New York · 1915
- Moen v. LillestalNorth Dakota Supreme Court · 1895
- Martin v. SmithSupreme Court of Minnesota · 1942
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