Jones v. Tipton

The only question deemed essential in this case, is, whether assumpsit for use and occupation, can be maintained by a vendor against his vendee of land, to recover the value of the vendee’s use of the land, between the date of the contract of sale, and a virtual rescission of that contract, by a judgment for damages against the vendor, for failing to convey the legal title.

Assumpsit for use and occupation may be maintained, on common law principles, even when there is only an implied contract to pay. Logan vs Lewis, 7 J. J. Mar. 3.

But the law will not imply a contract to pay rent when the…