Currier v. Perley
Superior Court of New Hampshire
Assumpsit, for the use and occupation of a house and other buildings, in Lebanon, from November 1,1847, to April 1,1848. Plea, tender of eight dollars. Replication, that the plaintiff sustained greater damages. It appeared that the defendant, on the 1st of November, 1847, entered into the premises under the plaintiff, by virtue of a verbal agreement, to hold at a rent of eight dollars per month, and kept actual possession about one month.
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Assumpsit, for the use and occupation of a house and other buildings, in Lebanon, from November 1,1847, to April 1,1848. Plea, tender of eight dollars. Replication, that the plaintiff sustained greater damages. It appeared that the defendant, on the 1st of November, 1847, entered into the premises under the plaintiff, by virtue of a verbal agreement, to hold at a rent of eight dollars per month, and kept actual possession about one month. As to his occupation after the first month, the evidence was conflicting, having a tendency to show that some articles of his property remained on the…
1Opinion of the CourtBell, J.
By the Revised Statutes, chap. 209, § 5, “ Every tenancy or occupancy shall be deemed at will, and the rent payable on demand, unless a different contract is shown;” and by chap. 130, § 12, “ Every estate or interest in lands, created or conveyed without an instrument in writing, signed by the grantor or his attorney, shall be deemed an estate at will only.” By these provisions it is made clear that, by a verbal agreement, no right or interest in real estate can be conveyed, but an estate or tenancy at will; and the burden of proof is on the person who alleges the existence of a greater…
2Cases cited13 opinions
- Willison v. WatkinsSupreme Court of the United States · 1830
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
- Allen v. JaquishNew York Supreme Court · 1839
- Randall v. RichMassachusetts Supreme Judicial Court · 1814
- State v. RollinsSuperior Court of New Hampshire · 1837
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3Cited by2 opinions
- Katz v. WalkinshawCalifornia Supreme Court · 1903
- Havington v. GloverSupreme Court of New Hampshire · 1998