Pearson v. United States, 267 U.S. 423 (1925)

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Pearson v. United States

No. 264

Argued January 28, 1925
Decided March 2, 1925
267 U.S. 423

APPEAL FROM THE COURT OF CLAIMS

Syllabus

Where the government erected and used buildings on leased land with the oral permission of the lessee, and subsequently removed them, although the lessors contended that the right to do so had expired by the terms of the lease, held (a) that, in the absence of proof that the government had knowledge of the terms of the lease or of the lessors’ acquiescence in the user, no relation of landlord and tenant existed between the lessors and the United States under the lease from which an agreement of the latter to pay for the property could be implied. P. 426.

(b) The government having removed the buildings under claim of right, no agreement to pay as for property taken for public use could be implied. P. 427.

58 Ct.Cls. 485 affirmed.

Appeal from a judgment of the Court of Claims dismissing the petition on demurrer.