Allen v. Thayer
Massachusetts Supreme Judicial Court
This was an action of assumpsit for the rents and profits of certain lands in Williamsburgh in the county of Hampshire; and was submitted to the determination of the Court upon the following facts agreed by the parties:— Previous to the 12th of October, 1813, the plaintiff was the owner of two certain tracts of land in Williamsburgh, * containing 59 and 26 acres respectively.
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This was an action of assumpsit for the rents and profits of certain lands in Williamsburgh in the county of Hampshire; and was submitted to the determination of the Court upon the following facts agreed by the parties:— Previous to the 12th of October, 1813, the plaintiff was the owner of two certain tracts of land in Williamsburgh, * containing 59 and 26 acres respectively. On the 24th [ * 300 ] of April, 1813, the defendant entered into possession of both the tracts, under a parole agreement with one Matthew Coffin, to deliver him one half of the crops growing thereon, in the nature of…
1Opinion of the Court
The opinion of the Court was delivered at the following April term by
Putnam, J.
By the agreement of the parties judgment is to be rendered for the plaintiff, if, upon the facts stated, he is by law entitled to recover for the rents which he claims. With regard to this action of assumpsit, to enable the plaintiff to recover, there must be evidence of a contract or undertaking of the defendant, either express or implied. An express promise is not suggested; and the facts negative a promise by implication of law. During the time that the defendant was in possession, he was claiming the estate,…
2Cases cited3 opinions
- Fitchburg Cotton Manufactory Corp. v. MelvenMassachusetts Supreme Judicial Court · 1818
- Cummings v. NoyesMassachusetts Supreme Judicial Court · 1813
- Fletcher v. M'FarlaneMassachusetts Supreme Judicial Court · 1815
3Cited by5 opinions
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- Walton v. TifftNew York Supreme Court · 1852
- Child v. StarrCourt for the Trial of Impeachments and Correction of Errors · 1842
- French v. CarhartNew York Court of Appeals · 1847