Houghton v. Moore
Massachusetts Supreme Judicial Court
Contract for money had and received. Writ dated August 30, 1884. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows: On May 24, 1883, the defendant executed and delivered to the plaintiff a lease, for the term of one year from that date, of premises described as follows: “ The building numbered sixty-three and sixty-five on Endicott Street in Boston.”
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Contract for money had and received. Writ dated August 30, 1884. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows: On May 24, 1883, the defendant executed and delivered to the plaintiff a lease, for the term of one year from that date, of premises described as follows: “ The building numbered sixty-three and sixty-five on Endicott Street in Boston.” At the time of the execution of the lease, the defendant was the owner of two adjoining parcels of land, which had been conveyed to him by…
1Opinion of the CourtField, J.
The description of the building let is brief and indefinite. It is a building on Endicott Street numbered sixty-three and sixty-five. No mention is made of Morton Street. When a building has a solid brick partition wall “extending from the cellar to the roof, without door, passageway, or other opening therein,” the inference is unavoidable that it was so constructed that the different parts of the building might be separately occupied. Such a partition wall makes the structure two tenements for the purposes of occupation as distinctly as if they had not been built in one block and as parts of…
2Cited by5 opinions
- H. W. Robinson Carpet Co. v. FletcherMassachusetts Supreme Judicial Court · 1943
- LaCouture v. RenaudMassachusetts Supreme Judicial Court · 1949
- Patterson v. GrahamAppellate Court of Illinois · 1891
- Jackson v. BirgfeldCourt of Appeals of Maryland · 1948
- 1906 Corp. v. Taylor, Pennsylvania Court of Common Pleas, Philadelphia County1954