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eBook details

• Title: Drown Motor Car Company v. Charles Tobias
• Author : Supreme Court of Vermont
• Release Date : January 07, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

This is an action of trespass quare clausum fregit. The premises in question are ""the first floor and basement of the front barn owned by the Montpelier Tavern, Inc., and located on Taylor Street in said Montpelier together with the first floor of the adjoining barn in the rear thereof and heretofore known and used as a livery stable, together with the addition erected in connection therewith for community purposes, and with all the privileges and appurtenances thereto belonging including necessarly rights of way to go to and from said premises at all times."" Trial was had by jury. At the close of all the evidence each party moved for a directed verdict. The motion of the defendant was overruled, and that of the plaintiff was granted and the verdict directed. The defendant excepted. The material undisputed facts are these: On December 9, 1926, the Montpelier Tavern, Inc., the owners in fee of the premises, leased them, by written lease, to the defendant for a term of two years. The lease provided for an option of renewal for a further term of three years on condition that the lessor ""does not want and need the said described property for hotel purposes."" On the same day the defendant, by written assignment attached to the lease, transferred, assigned, and conveyed to the plaintiff ""all the rights and privileges given to me by the within lease."" On the margin of the assignment it was stated that it was agreed that ""Mr. Tobias is to have space in rear of front barn for purpose of storing cabs; also to have office room in front barn, if desired."" This arrangement, being found to be inconvenient in practice, was later modified verbally so that the defendant had storage space in the adjoining, or, as it will hereafter be called, the rear barn, and office room in a small addition thereafter erected by the plaintiff. The defendant was a taxi driver; the plaintiff's business was the sale of automobiles and accessories.

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