Farrington v. Kimball
Massachusetts Supreme Judicial Court
Contract for use and occupation of a store in Boston from April 27 to September 27, 1876. Answer, a general denial. Trial in the Superior Court, without a jury, before Aldrich, J., who allowed a bill of exceptions in substance as follows: Joseph H. Hunneman, on September 1, 1871, executed a written lease of the store in question to the plaintiff, for the term of five years from that date.
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Contract for use and occupation of a store in Boston from April 27 to September 27, 1876. Answer, a general denial. Trial in the Superior Court, without a jury, before Aldrich, J., who allowed a bill of exceptions in substance as follows: Joseph H. Hunneman, on September 1, 1871, executed a written lease of the store in question to the plaintiff, for the term of five years from that date. By the terms of the lease the lessee agreed to pay as rent $600 yearly in equal monthly instalments, during the term and for such further time as he, or any person claiming under him, should hold the…
1Opinion of the CourtEndicott, J.
When a lessee assigns his entire interest in the estate, he is still liable to the lessor on his covenants to pay rent; and the assignee is also liable to the lessor for the performance of all the covenants which run with the land by virtue of the privity of estate created by the assignment. Wall v. Hinds, 4 Gray, 256. Blake v. Sanderson, 1 Gray, 332. Sanders v. Partridge, 108 Mass. 556. Both are liable, and the léssor has the option to .sue either. When the lessee is obliged to pay, by reason of his covenants to pay rent, the question arises, what are his rights against the assignee who has…
2Cases cited1 opinion
- Sanders v. PartridgeMassachusetts Supreme Judicial Court · 1871
3Cited by16 opinions
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- Mason v. SmithMassachusetts Supreme Judicial Court · 1881
- Donaldson v. StrongMassachusetts Supreme Judicial Court · 1907
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