Legal Opinion

Leominster Gas Light Co. v. Hillery

Massachusetts Supreme Judicial Court

Decided February 25, 1908PublishedCited by 25 opinions

Bill in equity, filed in the Supreme Judicial Court on February 8, 1907, to enforce the specific performance of a covenant of renewal in a certain lease as described in the opinion. The case came on to be heard before Itugg, J., who made certain findings of fact, and reserved the case upon such findings for determination by the full court.

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Bill in equity, filed in the Supreme Judicial Court on February 8, 1907, to enforce the specific performance of a covenant of renewal in a certain lease as described in the opinion. The case came on to be heard before Itugg, J., who made certain findings of fact, and reserved the case upon such findings for determination by the full court. If the plaintiff was entitled to any relief, a decree w.as to be entered in its favor in such form as might be approved by a single justice; if it was not entitled to relief, the bill was to be dismissed.

1Opinion of the CourtKnowlton, C. J.

The plaintiff is the holder of real estate under a lease for the term of five years from the first of February, 1902, containing a covenant of the lessor for a renewal of the lease, upon the same terms and conditions and for the same rental, for the further term of five years from the first day of February, 1907. On August 6, 1903, the lessor conveyed the property to the defendant Hillery, who is hereinafter called the defendant, subject to the lease. On the sixth day of February, 1907, the defendant gave the plaintiff notice to vacate the premises, stating that the lease had expired.…

2Cases cited10 opinions

  1. Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
  2. White v. FosterMassachusetts Supreme Judicial Court · 1869
  3. Stone v. St. Louis Stamping Co.Massachusetts Supreme Judicial Court · 1892
  4. DeFriest v. BradleyMassachusetts Supreme Judicial Court · 1906
  5. Toupin v. PeabodyMassachusetts Supreme Judicial Court · 1895

5 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Snyder v. Sperry & Hutchinson Co.Massachusetts Supreme Judicial Court · 1975
  2. Shayeb v. HollandMassachusetts Supreme Judicial Court · 1947
  3. Judkins v. CharetteMassachusetts Supreme Judicial Court · 1926
  4. Chavis v. GibbsSupreme Court of Virginia · 1956
  5. Marble v. Town of ClintonMassachusetts Supreme Judicial Court · 1937

20 more not listed; retrieve them via the Exa API.

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