Legal Opinion

Barlow v. Wainwright

Supreme Court of Vermont

Decided December 15, 1849PublishedCited by 18 opinions

Assumpsit for the use and occupation of a store in Burlington, Plea, the general issue, and trial by the court, September Term. 1847, — Bennett, J., presiding.

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Assumpsit for the use and occupation of a store in Burlington, Plea, the general issue, and trial by the court, September Term. 1847, — Bennett, J., presiding. It appeared on trial, that the plaintiff was the owner of the store in question, and that the defendant, on the twenty second day of July, 1841, hired it of the plaintiff, by parol agreement, for the term of five years, commencing from the first day of April, 1841, at an annual rent of 8125,00, one half payable on the first day of April and the residue on the first day of October in each year; that the defendant took possession of the…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

It seems from the bill of exceptions, that the defendant hired of the plaintiff his store, by a verbal contract, for the period of five years from the first of April, 1841, at an annual rent of one hundred and twenty five dollars, payable semi-annually, on the first days of April and October in each year, and that the defendant went into possession, under the parol agreement, and the occupancy was continued until the twenty first or twenty second of July, 1844, when the defendant quit the possession of the store, and offered to give up the…

2Cases cited4 opinions

  1. Schuyler v. LeggettNew York Supreme Court · 1824
  2. Clay v. ClayCourt of Appeals of Kentucky · 1861
  3. Hanchett v. WhitneySupreme Court of Vermont · 1827
  4. Davis v. ThompsonSupreme Judicial Court of Maine · 1836

3Cited by18 opinions

  1. Arbenz v. Exley, Watkins & Co.West Virginia Supreme Court · 1903
  2. Talamo v. . SpitzmillerNew York Court of Appeals · 1890
  3. Marr v. RayIllinois Supreme Court · 1894
  4. Koplitz v. GustavusWisconsin Supreme Court · 1879
  5. Anheuser-Busch Brewing Assn. v. American Products Co.California Court of Appeal · 1922

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