Quimby v. Stebbins
Supreme Court of New Hampshire
Assumpsit, for the use and occupation of the plaintiffs dwelling-house. The defendant conveyed the premises to the plaintiff by deed, executed June 9, but remained in the occupation of them till August 25, 1870 ; and the question was, whether, by agreement of the parties, he was to pay rent or not during that time. The deed contained no reservations, and was in the ordinary form of warranty deeds.
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Assumpsit, for the use and occupation of the plaintiffs dwelling-house. The defendant conveyed the premises to the plaintiff by deed, executed June 9, but remained in the occupation of them till August 25, 1870 ; and the question was, whether, by agreement of the parties, he was to pay rent or not during that time. The deed contained no reservations, and was in the ordinary form of warranty deeds. Subject to the plaintiff’s exception, the defendant was permitted to testify that he had a talk with the plaintiff, about the tenth day of May, in which it was agreed that the plaintiff might have…
1Concurrence
The defendant in this action had the use of the farm in question for two months after the delivery of his deed to the plaintiff. It is conceded that by that deed the fee in the property and the right of immediate possession passed to the plaintiff. It is not claimed that if the plaintiff had refused to let the defendant occupy, the defendant would have had any right of action for the breach of a verbal contract to let him occupy the farm.
But the defendant, not denying the plaintiff's right to the possession of the land, and not denying that he would be liable to pay for it if he has not paid…
2Cases cited8 opinions
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
- Shephard v. LittleNew York Supreme Court · 1817
- Pritchard v. BrownSuperior Court of New Hampshire · 1828
- Morse v. ShattuckSuperior Court of New Hampshire · 1827
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