Callaghan v. Hawkes
Massachusetts Supreme Judicial Court
Contract for breach of the covenants of a lease for two years of a farm in Marblehead, from the defendant to the plaintiffs. The lease contained the following clauses: “ And the said Hawkes shall have the right to sell and dispose of the farm and buildings at any time covered by this lease, by giving said Callaghans two months’ notice thereof, and also by giving them the privilege of purchasing at the same price any other person may offer.”
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Contract for breach of the covenants of a lease for two years of a farm in Marblehead, from the defendant to the plaintiffs. The lease contained the following clauses: “ And the said Hawkes shall have the right to sell and dispose of the farm and buildings at any time covered by this lease, by giving said Callaghans two months’ notice thereof, and also by giving them the privilege of purchasing at the same price any other person may offer.” “ And said Callaghans, in event of a sale of the prop erty herein leased, shall have the privilege of taking off the crops, excepting as much of them as…
1Opinion of the CourtGray, C. J.
The clause in question, in form and necessary legal construction, is enabling and not restrictive, and confers upon the lessor a right which he would not otherwise have had. Independently of, and notwithstanding this clause, he may sell the reversion. The whole effect of the clause was to enable him to terminate the lease, and sell the whole estate, first giving the lessees the opportunity of purchasing. This construction is fortified by the final clause, which allows to the lessees, in case of sale, the privilege of taking off the crops.
Judgment for the defendant.
2Cited by7 opinions
- Gilbert v. Van KleeckAppellate Division of the Supreme Court of the State of New York · 1954
- JRY CORP. v. LeRouxMassachusetts Appeals Court · 1984
- Levy v. PeabodyMassachusetts Supreme Judicial Court · 1921
- Lowell v. First Church of ChristSupreme Court of New Hampshire · 1958
- Seward v. WeeksMassachusetts Supreme Judicial Court · 1971
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