Cases On Quasi-Contracts; Ed. With Notes And References
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This, it will be observed, was not a case of tenancy in common, but of distinct dwelling-houses, one over the other. Chief Justice Parsons said : "If there is a legal obligation to contribute to these repairs, the law will imply a promise. We have no statute nor any usage on the subject, and must apply to the common law to guide us." '■(Jpon a very full research into the principles and maxims of the common law, we cannot find that any remedy is provided for the plaintiff." It was not absolutely... decided that an action on the case would not lie, but the intimations of the court on the subject were such that no further attempt appears to have been made. The rela- tions between tenants in common were not actually involved in this case, and the remarks touching the writ de reparatione were only inci- dental and by way of illustration.
Doane v. Badger, 13 Mass. 65, was an action on the case. The plaintiff had a right to use a well and pump on the defendant's land ; and the defendant had removed the pump and built over the well, thereby depriving the plaintiff of the use of the water.
What to read after Cases On Quasi-Contracts; Ed. With Notes And References?
You can find similar books in the "Read Also" column, or choose other free books by James Brown Scott to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
This, it will be observed, was not a case of tenancy in common, but of distinct dwelling-houses, one over the other. Chief Justice Parsons said : "If there is a legal obligation to contribute to these repairs, the law will imply a promise. We have no statute nor any usage on the subject, and must apply to the common law to guide us." '■(Jpon a very full research into the principles and maxims of the common law, we cannot find that any remedy is provided for the plaintiff." It was not absolutely... decided that an action on the case would not lie, but the intimations of the court on the subject were such that no further attempt appears to have been made. The rela- tions between tenants in common were not actually involved in this case, and the remarks touching the writ de reparatione were only inci- dental and by way of illustration.
Doane v. Badger, 13 Mass. 65, was an action on the case. The plaintiff had a right to use a well and pump on the defendant's land ; and the defendant had removed the pump and built over the well, thereby depriving the plaintiff of the use of the water.
What to read after Cases On Quasi-Contracts; Ed. With Notes And References?
You can find similar books in the "Read Also" column, or choose other free books by James Brown Scott to read onlineMoreLess
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