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4 Del. 546

Logan v. Barr

Superior Court of Delaware

Decided July 1, 1847

Superior Court of Delaware · decided 1847-07-01

Attachment for rent: goods attached: issue directed to try whether there was a just demand of rent; and, if any, the amount thereof. Barr rented a storehouse of Logan, from the 25th of March, 1846, to the 25th of March, 1847, at $375. The first two-quarters were paid. In October, 1846, Barr sold out his goods at public sale, and Logan agreed 'verbally to take the house off his hands. Logan did not, in fact, take possession until the 25th of March, 1847.

Decided 1847-07-01

The Court

¶1charged the jury, that the agreement relied on in this case, to accept a surrender of the premises during the year for which-they were demised, was an agreement within the act about contracts and assumptions, and must be in writing.

¶2Verdict for plaintiff.

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