Chamberlin v. Donahue
Supreme Court of Vermont
Assumpsit for use of a tenement in Peacbam. The plaintiff claimed rent from the 8th day of May, 1864, to the time of bringing the suit, February 9, 1870. Trial by jury under the general issue, June term, 1871, Wheeler, J., presiding.
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Assumpsit for use of a tenement in Peacbam. The plaintiff claimed rent from the 8th day of May, 1864, to the time of bringing the suit, February 9, 1870. Trial by jury under the general issue, June term, 1871, Wheeler, J., presiding. The plaintiff gave evidence tending to show that this tenement was the property of her husband, Guy Chamberlin, and occupied by him and her and family as a homestead until about twelve years ago, and was then worth from four to five hundred dollars, when he died, leaving the plaintiff and her daughter Sarah, who was about thirty-five or forty years of age, and…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
To lay the foundation for a recovery in assumpsit, for use and occupation, the relation of landlord and tenant must have existed between the parties, evidenced, by a contract, either expressed or implied. Stacy v. Vt. Central R. R. Co., 32 Vt., 551; Watson v. Brainard et al., 33 Vt., 88 ; Taylor on Landlord and Tenant, § 636. Occupation alone will raise this relation by implication only when the occupancy of the promises has been with the assent of the owner, and without any act or claim, on the part of the occupant, inconsistent with an…
2Cases cited4 opinions
- Stacy v. Vermont Central RailroadSupreme Court of Vermont · 1860
- Hough & Wood v. BirgeSupreme Court of Vermont · 1839
- Strong v. GarfieldSupreme Court of Vermont · 1838
- Watson v. BrainardSupreme Court of Vermont · 1860
3Cited by6 opinions
- Story v. McCormickSupreme Court of Kansas · 1904
- Clark v. Clark's Adm'rSupreme Court of Vermont · 1886
- Blake v. PrestonSupreme Court of Vermont · 1895
- Welcome v. LabonteeSupreme Court of New Hampshire · 1884
- In re MillerDistrict Court, D. Vermont · 1904
1 more not listed; retrieve them via the Exa API.