Watson v. Brainard
Supreme Court of Vermont
Assumpsit for the use and occupation of a store. The case was referred, and it appeared from the referee’s report that one Foster built the store in question in the summer and fall of 1849, and that by the advice of the then President of the Vermont Central railroad company, he located it on land owiied by that company, near their depot in Waterbury; that about the 10th of November, 1849, he was indebted to the railroad company in a large sum for freight, and to settle this…
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Assumpsit for the use and occupation of a store. The case was referred, and it appeared from the referee’s report that one Foster built the store in question in the summer and fall of 1849, and that by the advice of the then President of the Vermont Central railroad company, he located it on land owiied by that company, near their depot in Waterbury; that about the 10th of November, 1849, he was indebted to the railroad company in a large sum for freight, and to settle this indebtedness, he gave to the president of the company his promissory note for the amount, payable on demand, together…
1Opinion of the CourtAldis, J.
Assumpsit for use and occupation will not lie unless there is a contract express or implied between the plaintiff and the defendant in regard to the occupancy of the premises. Hence the action fails when one enters and occupies as a wrong doer, or claims to hold adversely to the plaintiff, and by his own right and without any privity with the plaintiff, or enters and holds under a contract to purchase; Hough v. Birge, 11 Vt. 190; or upon an agreement to procure the title by proceedings in invitum under the statute, as in Stacy v. Vermont Central R. R. Co., 32 Vt. 551.
In Chapman v. Hoyt and…
2Cases cited4 opinions
- Stacy v. Vermont Central RailroadSupreme Court of Vermont · 1860
- Hough & Wood v. BirgeSupreme Court of Vermont · 1839
- Chapman v. SmithSupreme Court of Vermont · 1837
- Strong v. GarfieldSupreme Court of Vermont · 1838
3Cited by2 opinions
- Chamberlin v. DonahueSupreme Court of Vermont · 1871
- Clark v. Clark's Adm'rSupreme Court of Vermont · 1886