Dwight v. Cutler
Michigan Supreme Court
Case reserved from Washtenaw Circuit. This was an action of assumpsit for use and occupation of certain premises situate in the city of Ann Arbor, and .wag-tried at the Circuit Court for said county at the December-term, 1852, before the Circuit Judge, without a jury, and the-. Court, after having the proof and allegations of the respective parties, found the following facts, viz.: that on the_ 12th, of April, A. D. 1845, George Sedgwick of Ann Arbor, acting as the agent of…
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Case reserved from Washtenaw Circuit. This was an action of assumpsit for use and occupation of certain premises situate in the city of Ann Arbor, and .wag-tried at the Circuit Court for said county at the December-term, 1852, before the Circuit Judge, without a jury, and the-. Court, after having the proof and allegations of the respective parties, found the following facts, viz.: that on the_ 12th, of April, A. D. 1845, George Sedgwick of Ann Arbor, acting as the agent of the plaintiff, agreed with the defendant Jfcp sell him the premises in question for the sum of $1000; said, sum to be…
1Opinion of the Court
By the Court,
Douglass, J.
It was formerly doubted whether assumpsit for use and occupation would lie independently of the statute of 11 Geo. 2, ch. 19, which has never been expressly enacted in this State, but the current of American authority is that it is maintainable at common law. (Gunn vs. Scovil, 4 Day, 228; Eppes vs. Cole, 4 Hen. & Munf. 161; Crouch vs. Briles, 7 J. J. Marsh. 257; Pott vs. Lesher, 1 Yeates, 578; Roberts vs. Semel, 3 Mon. 258; Gould vs. Thompson, 4 Metc. 227.) And such, we think, is the better opinion. See contra, Featherstonhaugh vs. Bradshaw, 1 Wend. 135.
The-action…
2Cases cited13 opinions
- Fuller v. HubbardNew York Supreme Court · 1826
- Withers v. BairdSupreme Court of Pennsylvania · 1838
- Clark v. RedmanIndiana Supreme Court · 1825
- Hunter v. O'NeilSupreme Court of Alabama · 1847
- Vandenheuvel v. StorrsSupreme Court of Connecticut · 1819
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3Cited by42 opinions
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