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13 Vt. 144

Weeks v. Hunt

Supreme Court of Vermont

Decided January 15, 1841

Supreme Court of Vermont · decided 1841-01-15

<p>Where a person leased certain premises for the life of the lessor, reserving a right to sell the premises, and, in case of such sale, the lessee was to surrender the possession on the first of October next, after such sale, and the lessee covenanted to pay $130, on the day of executing the lease, (September 30, 1839,) and $130 annually, thereafter, during the continuance of said lease, and paid the $130 on the day of the execution of the lease, and the lessor, afterwards, on the same 30th September, 1839, executed a deed of the premises so leased, to a third, person, who took possession on the first of October, 1839; it was held, that the $130 so paid, was for rent, paid in advance, and that the lessee could recover it back of the lessor, with interest, in an action for money had and received.</p>

Cited by 1 later decisions — most recently July 1860

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1841-01-15

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¶1The opinion of the court was delivered by

Royce, J.

¶2We are all satisfied that the annual payments *148of one hundred and thirty dollars each, can only be regarded as the stipulated compensation for the enjoyment of the property leased by the defendant, and, therefore, that the money, sought to be recovered back, was the compensation for the first year’s enjoyment, paid in advance. It is not essential to this view of the subject, that those payments should have been reserved by the name of rent.

¶3The lease was executed September 30, 1839, and contained a reserved right to the defendant, to sell the land whenever she pleased; in which event, the plaintiff bound himself to surrender the possession to her grantee, on the 1st of October next after such sale. The defendant did sell and convey the land to a third person, on the same day of executing thedease to the plaintiff, viz : September 30,1839, and the plaintiff, of course, became bound to surrender the premises on the next day. There was, therefore, a clear failure of consideration for the one hundred and thirty dollars advanced, and the plaintiff was entittled to recover.

¶4Judgment affirmed

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