Carroll v. St. John's Catholic Total Abstinence & Mutual Relief Society
Massachusetts Supreme Judicial Court
Contract for rent of a hall for October and November, 1876, and for a gas bill, under a written lease signed by the plaintiffs and by Thomas McCarty and Edward Higney. Trial in the Superior Court, before Dewey, J., who, after a verdict for the plaintiffs, allowed a bill of exceptions, so much of which as is material appears in the opinion.
1Opinion of the CourtMorton, J.
The lease in question purports to be a lease from the plaintiffs to the defendant for five years from October 1, 1874, at a rent of twelve hundred dollars a year, payable monthly. It is duly executed by the plaintiffs. It was not executed on behalf of the defendant in its own name, but was executed in their private names, by a majority of a committee appointed by the defendant to make the lease. The defendant asked the court to rule that, owing to this defective execution of the lease, it was not bound by it, but was to be regarded as a tenant at will with power to terminate its tenancy by…
2Cases cited3 opinions
- Inhabitants of Arlington v. PeirceMassachusetts Supreme Judicial Court · 1877
- Lamson & Goodnow Manufacturing Co. v. RussellMassachusetts Supreme Judicial Court · 1873
- Clark v. GordonMassachusetts Supreme Judicial Court · 1876
3Cited by8 opinions
- Kidder v. GreenmanMassachusetts Supreme Judicial Court · 1933
- Cherry v. City Nat. Bank of Kansas CityCourt of Appeals for the Eighth Circuit · 1906
- Fleming v. CohenMassachusetts Supreme Judicial Court · 1904
- Golding v. BrennanMassachusetts Supreme Judicial Court · 1903
- Hull v. NewhallMassachusetts Supreme Judicial Court · 1923
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