Johnson v. Hibbert

Citations

• 25 Del. 526
• 2 Boyce 526
• 82 A. 86
• 1911 Del. LEXIS 78

Syllabus

<p>1. Use and Occupation — Rent—Assumpsit.</p> <p>Plaintiff, to recover under the statute providing that satisfaction for the use and occupation of land by permission without demise by deed or contract under seal for the rent, may be recovered in assumpsit, must show the relation of landlord and tenant and an agreement to pay rent, express or implied; but the tenancy by permission may be shown, without a demise by deed or contract under seal to pay rent.</p> <p>2. Trial — Conflicting Testimony — Question for Jury.</p> <p>Where the jury cannot reconcile conflicting testimony, they must accept that part which they deem worthy of credit.</p>