United States v. Whipple Hardware Co.

Citations

• 191 F. 945
• 112 C.C.A. 357
• 1911 U.S. App. LEXIS 5010

Syllabus

<p>1. Use and Occupation (§ 1*) — Implied Agreement.</p> <p>The law implies a contract to pay rent from the mere fact of occupation, unless the occupancy be such as to negative the existence of a tenancy.</p> <p>LEd. Note. — Eor other cases, see Use and Occupation, Cent. Dig. §§ 1-11; Dec. Dig. § 1.*]</p> <p>2. Appeal and Erbob (§ 1050*) — Review—Harmless Error — Admission op Evidence.</p> <p>In an action on an implied agreement to pay rent, where defendant was a tenant by sufferance, the admission in evidence of a conversation between defendant and an agent of plaintiff in regard to the amount of rent to be paid, which did not result in an agreement, even if error, was without prejudice to defendant.</p> <p>[Ed. Note. — Eor other cases, see Appeal and Error, Dec. Dig. § 1050.*]</p> <p>g. Use and Occupation (§ 9*) — Action for Rent — Evidence.</p> <p>In an action on an implied agreement to pay rent, where defendant had previously occupied the premises under a lease, such lease was admissible in evidence on the question of the rental value of the property.</p> <p>[Ed. Note. — Eor other cases, seo Use and Occupation, Dec. Dig. § 9.*]</p> <p>4. United States (§ 57*) — Rroperty “Purchased” eor Public Buildings— Authority to Rent — Construction op Statute.</p> <p>Act June 30. 1900, c. 3916, § 24, 34 Stat. 788, which authorizes the Secretary of the Treasury to rent buildings on sites “purchased” for public buildings until their removal becomes necessary, applies as well to.property acquired by condemnation proceedings.</p> <p>[Ed. Note. — Eor other cases, see United States, Dec. Dig. § 57.*</p> <p>Eor other definitions, see Words and Phrases, vol. 7, pp. 5853-5857; vol. 8, p. 7775.]</p>