Sterrett v. Wright
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. This was an action of assumpsit by David Sterrett against Peter Wright, to recover for the use and occupation of a farm in Erie county.
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Error to the Common Pleas of Erie county. This was an action of assumpsit by David Sterrett against Peter Wright, to recover for the use and occupation of a farm in Erie county. The defendant is the son-in-law of the plaintiff, and in 1848 the plaintiff purchased a farm of one hundred acres, divided it into two parts, and made a gift of the one-half of it to the defendant, upon which he moved with his family, and for four years afterwards continued to use and cultivate the other portion of the farm, the rent of which, per annum, the witnesses stated, would be worth from $40 to $80: to recover…
1Opinion of the Court
The opinion of the court was delivered by
Black, J.
There are five assignments of error, but only one question in the cause. The first exception is a gross violation of the rule, and the other four are all upon one point.
The defendant had the use, for several years, of his father-in-law’s land, and this is an action to make him pay for it. But the judge of the Common Pleas held that without an express contract there could be no recovery for use and occupation between parties so related.
When one person receives anything of value from another, the law implies a promise that he who receives it…
2Cited by3 opinions
- Black v. MillerSupreme Court of Iowa · 1912
- Baltzell v. CookSuperior Court of Pennsylvania · 1901
- Maurer v. Carsonia Park, Inc., Pennsylvania Court of Common Pleas, Berks County1949