Kennon v. Shepard
Massachusetts Supreme Judicial Court
Contract by the assignee of one David H. Cohen, the lessee named in a lease by the defendant of the premises numbered 997 on Washington Street in Boston, the declaration alleging “that the defendant failed to perform the terms, conditions and covenants on his part to be performed and failed to provide heat for the said premises, which under the terms of the said lease he was bound to provide, in consequence of which the said Cohen was unable to habítate and carry on his said…
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Contract by the assignee of one David H. Cohen, the lessee named in a lease by the defendant of the premises numbered 997 on Washington Street in Boston, the declaration alleging “that the defendant failed to perform the terms, conditions and covenants on his part to be performed and failed to provide heat for the said premises, which under the terms of the said lease he was bound to provide, in consequence of which the said Cohen was unable to habítate and carry on his said business during the fall of 1917 and the winter months at the end of 1917 and the early winter months of 1918.” Writ…
1Opinion of the CourtJenney, J.
The plaintiff seeks to recover damages for failure to heat premises occupied by him as lessee of the defendant. The lease, as originally drafted, contained the following words inserted immediately after the description of the demised premises: "Including the heating of the said premises, and the use of the elevators in common with others, so far as the same may be run by the said lessor, but without any liability to him therefor, and without abatement of rent for the stopping thereof.” The words “and the use of the elevators in common with others” were stricken out before signing by a line…
2Cases cited8 opinions
- Ferguson v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1904
- Greenough v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1910
- Carr v. LeahyMassachusetts Supreme Judicial Court · 1914
- Morrill & Whiton Construction Co. v. City of BostonMassachusetts Supreme Judicial Court · 1904
- Cook v. Enterprise Transportation Co.Massachusetts Supreme Judicial Court · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Quintin Vespa Co. Inc. v. Construction Service Co.Massachusetts Supreme Judicial Court · 1962
- Gillette v. Harold, Inc.Supreme Court of Minnesota · 1960
- Malden Knitting Mills v. United States Rubber Co.Massachusetts Supreme Judicial Court · 1938
- Gateway Frontier Properties, Inc. v. Selner, Glaser, Komen, Berger & Galganski, P.C.Missouri Court of Appeals · 1998
- Krinsky v. LeventhalMassachusetts Supreme Judicial Court · 1948
9 more not listed; retrieve them via the Exa API.