Patterson v. Stoddard
Supreme Judicial Court of Maine
Reported by Rice, J. This was an action of assumpsit for use and occupation of certain real estate. There was no evidence in the case except the testimony of the plaintiff; the material part of which was, that in the spring of 1853, he made a verbal bargain to sell the defendant a farm which he owned in Hallowell. The price agreed on was to be paid in two or three months. At the expiration of the time, the defendant could not pay.
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Reported by Rice, J. This was an action of assumpsit for use and occupation of certain real estate. There was no evidence in the case except the testimony of the plaintiff; the material part of which was, that in the spring of 1853, he made a verbal bargain to sell the defendant a farm which he owned in Hallowell. The price agreed on was to be paid in two or three months. At the expiration of the time, the defendant could not pay. He remained in possession two years; cut about twelve tons of hay each. year. A reasonable rent for the two years would be $150. The defendant voluntarily abandoned…
1Opinion of the Court
The opinion of the Court was drawn up by
Davis, J.
The defendant made a verbal contract with the plaintiff for the purchase of certain real estate, and, with his permission, went into the occupation thereof. Neither party was liable to the other for not performing his part of this contract.
After remaining in possession two years, the defendant voluntarily abandoned the premises; and the plaintiff has brought this action of assumpsit for the use and occupation thereof.
There was no agreement on the part of the defendant to pay rent. And if he had been ready to pay for the place, and the plaintiff…
2Cited by6 opinions
- Ruge v. Webb Press Co.Supreme Court of Florida · 1916
- Frost Vacationland Properties, Inc. v. PalmerSupreme Judicial Court of Maine · 1999
- Weeks v. Standish Hardware & Garage Co.Supreme Judicial Court of Maine · 1950
- Frost v. BarrettSupreme Judicial Court of Maine · 1968
- Mesa Market Co. v. CrosbyCourt of Appeals for the Eighth Circuit · 1909
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