Emmons v. Scudder
Massachusetts Supreme Judicial Court
Contract on an account annexed for rent of store No. 54 and 56 Broad Street, Boston, from October 1, 1869, to January 1, 1870, and for the taxes assessed by the city of Boston on said store, May 1, 1869. At the trial in the Superior Court before Putnam, J., the jury found a verdict for the plaintiff, and the defendants alleged exceptions in substance as follows: It appeared in evidence that the store in question was formerly owned by George Odin, who died in 1866, and that…
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Contract on an account annexed for rent of store No. 54 and 56 Broad Street, Boston, from October 1, 1869, to January 1, 1870, and for the taxes assessed by the city of Boston on said store, May 1, 1869. At the trial in the Superior Court before Putnam, J., the jury found a verdict for the plaintiff, and the defendants alleged exceptions in substance as follows: It appeared in evidence that the store in question was formerly owned by George Odin, who died in 1866, and that on his decease it descended to his niece, Harriet L. Odin, a minor, of whom the plaintiff was duly appointed guardian. On…
1Opinion of the CourtDevens, J.
The defendants contend that they were tenants at sufferance only, and as such had a right to quit the premises occupied by them when they saw fit, and that they were liable during the time that they were thus tenants at sufferance only for a pro rata rent to be determined by reference to the written lease under which they first entered upon the premises. Upon *371this point, the instruction of the judge who presided at the trial was, that in order that they should become tenants at will, and therefore not entitled to quit, except upon notice, the jury must be satisfied that they remained under…
2Cases cited1 opinion
- Merrill v. BullockMassachusetts Supreme Judicial Court · 1870
3Cited by21 opinions
- Willett v. HerrickMassachusetts Supreme Judicial Court · 1927
- Benton v. WilliamsMassachusetts Supreme Judicial Court · 1909
- Wood v. Kansas City Home Telephone Co.Supreme Court of Missouri · 1909
- Ladd v. Southern Cotton Press & Manufacturing Co.Texas Supreme Court · 1880
- Thompson v. BaxterSupreme Court of Minnesota · 1909
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