Simpson v. Bowden
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Howard, J. presiding. Assumpsit. The evidence for the plaintiffs tended to show, that one G. S. was tenant for life of a lot of land, on which trees were growing, and that the plaintiffs were the reversioners, entitled to the land upon the determination of that life tenancy ; that the defendant cut trees upon the lot and of some of them made wood for his house and repairs' upon his vessel; that the acts of the defendant were done in the day…
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On Exceptions from Nisi Prius, Howard, J. presiding. Assumpsit. The evidence for the plaintiffs tended to show, that one G. S. was tenant for life of a lot of land, on which trees were growing, and that the plaintiffs were the reversioners, entitled to the land upon the determination of that life tenancy ; that the defendant cut trees upon the lot and of some of them made wood for his house and repairs' upon his vessel; that the acts of the defendant were done in the day time, and were continued for many days; that the tenant for life residing upon the lot, and the plaintiffs residing within…
1Opinion of the Court
Tenney, X, orally.
— There in no evidence of any express contract between the parties for the purchase of the timber, and the case shows a wrongful taking of it.
The plaintiffs contend, that they may waive the tort and maintain their action, as on an implied contract.
It may be a nice question to determine precisely where the line is to be drawn, between cases in which a party may waive a tort and bring an action of assumpsit, and where he is not permitted to do this. The Court do not deem it necessary for the decision of this case, to consider that question.
The law will not imply a contract,…
2Cited by3 opinions
- Graham v. TuckerSupreme Court of Florida · 1908
- Potter v. Florida Motor Lines, Inc.District Court, S.D. Florida · 1932
- Richardson v. O'ConnellMissouri Court of Appeals · 1901