Lockwood v. Lockwood
Supreme Court of Connecticut
This was an action of debt on book. The cause was referred to an auditor, who made a special report, in which he stated, that the plaintiffs’ account consisted of a single item, for the rent of a store, from June 7th, 1850, to April 1st, 1851, at the rate of $120 a year.
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This was an action of debt on book. The cause was referred to an auditor, who made a special report, in which he stated, that the plaintiffs’ account consisted of a single item, for the rent of a store, from June 7th, 1850, to April 1st, 1851, at the rate of $120 a year. The store was situated in Norwalk, and owned by the plaintiffs, as heirs at law of their father, Buckingham Lockwood, who died, February 18th, 1850. On the first of April, 1840, it was by him rented to one Bennet, who occupied the same under a parol lease, as tenant from year to year, at the rate of $120, payable quarterly,…
1Opinion of the CourtWaite, J.
It has been holden, that, in this state, an ac-
tion of indebitatus assumpsit may be sustained, upon an implied promise, arising out of the use and occupation of real estate, by permission of the owner, without proof of any express promise to pay rent. Gunn v. Scovil, 4 Day, 228. And, by a recent statute, the action of debt on book, was made a remedy, co-extensive with the action of general assumpsit. Statutes, title 1, sect. 221.
In the first place, it is claimed, that this action can not be sustained, unless there has been an actual occupation of the *430store, by the defendants,—and this is…
2Cases cited1 opinion
- Gunn v. ScovilSupreme Court of Connecticut · 1810
3Cited by8 opinions
- Thomas v. . NelsonNew York Court of Appeals · 1877
- Handy v. BarclaySupreme Court of Connecticut · 1922
- Boardman Realty Co. v. CarlinSupreme Court of Connecticut · 1909
- Griswold v. Town of BranfordSupreme Court of Connecticut · 1908
- Koplitz v. GustavusWisconsin Supreme Court · 1879
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