42 Vt. 637 | Vt. | 1870
The opinion of the court was delivered by
This is a bill in chancery to restrain the defendants from further quarrying slate upon the quarry in dispute; from selling the slate manufactured therefrom, and for an account. The principal question is, whether the interest acquired by the defendant Jones in the premises, by his entry upon and occupation
This appears to have been the character of his entries upon and occupation of that part of the quarry, from the time of his first entry to the time the orator notified him in the spring of 1864 to quit the premises. There was no agreement to pay rent; no recognition of yearly rent, but payment was made per square for the slate actually manufactured. No express or implied agreement is shown between these parties which would have prevented Jones from quitting the quarry at any time, and it will ha.rdly be claimed that the orator could compel the defendants to pay rent any longer than they occupy the quarry, or to pay for slate not manufactured or quarried. It is said that the defendant Jones understood he was to have the use and occupancy of that part of the quarry in dispute until the expiration of the written lease. But we think he could not well understand or infer that he was entitled to such extended use and occupation of that part of the quarry, in the absence of any contract, and without any obligation on his part to work the quarry during the whole of that period. There is nothing in the case which shows that the orator expected, or that he' had any right to expect, the defendant would make a new open*
We are of opinion that the orator is entitled to the relief prayed