Rand Products Co. v. Mintz

We concur in the conclusion directing judgment in favor of the plaintiff, but- solely on the ground that since the plaintiff was entitled to possession, it was entitled to compensation for the use of its land (see, i.e., Oboler v. Miller, 146 Misc. 509; Talley v. James Everard’s Breweries, 116 N. Y. S. 657; Christatos v. United Cigar Stores of Amer., 144 Misc. 322). The obligation does not rest on trespass or on contract, express or implied in fact, but is one “imposed by the law for the purpose of bringing about justice without reference to the intention of the parties ” (1 Williston,…