Wall v. Hinds
Massachusetts Supreme Judicial Court
Action of contract upon the covenants for the payment of rent, for the payment of taxes, and against waste, contained in the following indenture of lease : “ This indenture, made this tenth day of September it. the year eighteen hundred and forty four, by and between James H. Wall and Edward H. Hemenway, both of Worcester in the county of Worcester, traders, of the one part, and Warner Hinds, of the same Worcester, innholder, of the other part, witnesseth, that the said Wall…
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Action of contract upon the covenants for the payment of rent, for the payment of taxes, and against waste, contained in the following indenture of lease : “ This indenture, made this tenth day of September it. the year eighteen hundred and forty four, by and between James H. Wall and Edward H. Hemenway, both of Worcester in the county of Worcester, traders, of the one part, and Warner Hinds, of the same Worcester, innholder, of the other part, witnesseth, that the said Wall and Hemenway, of the one part, do hereby lease, demise and let unto the said Hinds, his executors, administrators and…
1Opinion of the CourtBigelow, J.
1. The assignment by the lessee of his entire interest in the estate under the lease, and the acceptance of rent by the plaintiffs from the assignees, do not constitute a valid defence to the present suit. It is the well settled rule of law that in such case the lessor cannot maintain an action of debt for rent against the lessee; but that an action will lie against him on the covenant for the payment of rent. The reason of the rule is, that, although by the assignment the privity of estate between lessor and lessee is terminated, there still remains the privity of contract between them,…
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