26 Conn. 264 | Conn. | 1857
There is certainly some color in this case
In regard to the report of the auditor in this case, we think that, although it might have been expressed more directly and explicitly, it is not liable to this objection, and that on the facts found in it the plaintiff below was entitled to recover. It sufficiently and indeed clearly appears, that the defendant, upon or soon after the conveyance to him of the goods in the store in question by the former tenant, either being, or representing to the plaintiff that he, the defendant, was then in the occupation of the store, on the claim of the plaintiff that she should require of him the future rent therefor, promised the plaintiff to pay her such rent so long as he should continue in possession; and that he continued in the occupation of it during such a period that it was worth the sum that is reported to be due to the plaintiff. That he so continued in possession is most obvious, because by the
The judgment complained of is therefore erroneous.
In this opinion the other judges concurred.
Judgment reversed.