Scrantom v. Booth
New York Supreme Court
ÁPPEAL by the plaintiff from a judgment entered on the report of a referee. The action was brought to recover for the defendant's use and occupation of a portion of the plaintiff’s building, being a store, situated on the west sidé of Buffalo street in the city of Rochester. It appeared that the defendant was a jeweler and watch repairer by occupation, and the building had two front windows prepared for carrying on that business.
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ÁPPEAL by the plaintiff from a judgment entered on the report of a referee. The action was brought to recover for the defendant's use and occupation of a portion of the plaintiff’s building, being a store, situated on the west sidé of Buffalo street in the city of Rochester. It appeared that the defendant was a jeweler and watch repairer by occupation, and the building had two front windows prepared for carrying on that business. For several years prior to September, 1848, the defendant had occupied the east of these windows, and had paid the plaintiff therefor one dollar per week, the…
1Opinion of the Court
By, the Court, Welles, J.
The referee reports, in substance, that as to the price to be paid by the defendant to the plaintiff for the use of the east window, there was no express agreement between the parties. His finding on that subject is, that there was a misunderstanding between them; the defendant supposing he was to pay the same price he had formerly paid for the use of that window, which was one dollar per week, and the plaintiff, that the price was to be what the defendant had then lately agreed to pay him for the use of the west window, which was two dollars a week. There was…
2Cited by10 opinions
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- Cutts v. . GuildNew York Court of Appeals · 1874
- Yehle v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1943
- Creamer v. Metropolitan Securities Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Security Trust & Life Insurance v. EllsworthWisconsin Supreme Court · 1906
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