60 Vt. 386 | Vt. | 1888
The opinion of the court was delivered by
Some questions of evidence are presented by the
brief for the defendants. We do not consider, any question of that kind open, as they relate to the subject of notices to the defendants of an increase of rent, although they are stated in the exceptions, for they are accompanied by the statement that “it appeared * * * that in March, 1886, plaintiff notified the defendants, and said Harlow, that if they occupied said premises after April 1, 1886, they must pay therefor a monthly rent of sixty dollars.” Although these evidentiary questions are stated in the exceptions, it is presumed that the result of the whole evidence left the case as stated in the clause setting forth what appeared upon trial. “ A statément in exceptions that a certain fact appeared, is equivalent to stating that there was no controversy in regard to such fact.” Noyes v. Rochwood, 56 Vt. 647.
The remaining question is upon the charge of the court.
This action is assumpsit for the occupation of premises, used for storing a quantity of machinery. It was conceded that the relation of landlord and tenant existed. The lease was by parol, beginning on the 13th of'May, 1885, at an agreed rent of forty-five dollars per month, payable monthly.- The plaintiff notified the defendants in March, 1886, that, if they occupied the premises after that month, they must pay sixty