Legal Opinion

Young v. Povich

Supreme Judicial Court of Maine

Decided February 14, 1922PublishedCited by 6 opinions

On report. This is an action for money had and received for the recovery of one hundred dollars paid in advance upon the execution of a lease of two furnished flats over the stores in the Povich Block in Bar Harbor. The plaintiff with his family moved into the premises and remained there one day, moving out the next day because of the unfit and unsuitable condition of the premises as a tenement.

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On report. This is an action for money had and received for the recovery of one hundred dollars paid in advance upon the execution of a lease of two furnished flats over the stores in the Povich Block in Bar Harbor. The plaintiff with his family moved into the premises and remained there one day, moving out the next day because of the unfit and unsuitable condition of the premises as a tenement. The question involved is as to whether there was an implied warranty that the tenement was reasonably suitable for use and occupation, or whether the rule of caveat emptor applied. By agreement of the…

1Opinion of the CourtSpear, J.

This case involves an action for money had and received for the recovery of one hundred dollars ($100) paid in advance upon the following written instrument:

“I, Nathan Povich, of Bar Harbor lease to Charles W. Young, of Bar Harbor, for the sum of Three Hundred and Fifty Dollars ($350) until April 1, 1921, the two furnished flats over the stores in the Povich Block on Main Street, with the'agreement that said Charles Young will pay One Hundred Dollars ($100) and the balance in amounts of Thirty-five Dollars ($35) or more, per month until the sum of Two Hundred and Fifty Dollars ($250) is paid,…

2Cases cited3 opinions

  1. Ingalls v. HobbsMassachusetts Supreme Judicial Court · 1892
  2. Franklin v. . BrownNew York Court of Appeals · 1889
  3. Edwards v. . McLeanNew York Court of Appeals · 1890

3Cited by6 opinions

  1. Lemle v. BreedenHawaii Supreme Court · 1969
  2. Teller v. McCoyWest Virginia Supreme Court · 1978
  3. Ramirez v. DeCosterDistrict Court, D. Maine · 2000
  4. Worthington v. McDonaldSupreme Court of Iowa · 1955
  5. Teller v. McCoyWest Virginia Supreme Court · 1979

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