Sears v. Dewing
Massachusetts Supreme Judicial Court
Contract brought to recover damages for non-payment of the rent reserved in a lease, executed on the 14th of August 1828, by which David Sears leased a parcel of land in Roxbury, for the term of one hundred years, to Edward Battles and Samuel Goodhue, their heirs, executors, administrators, successors and assigns, “ upon condition of their punctually yielding and paying therefor and thereout, to the said David Sears, his heirs and assigns, the yearly rent of four ounces, two…
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Contract brought to recover damages for non-payment of the rent reserved in a lease, executed on the 14th of August 1828, by which David Sears leased a parcel of land in Roxbury, for the term of one hundred years, to Edward Battles and Samuel Goodhue, their heirs, executors, administrators, successors and assigns, “ upon condition of their punctually yielding and paying therefor and thereout, to the said David Sears, his heirs and assigns, the yearly rent of four ounces, two pennyweights and twelve grains of pure gold, in coined money, to be paid in four equal and quarter-yearly payments, on…
1Opinion of the CourtGray, J.
The controversy in this case arises upon that clause *415in a lease made on the 14th of August 1828, for the term of one hundred years, by which is reserved “ the yearly rent of four ounces, two pennyweights and twelve grains of pure gold, in coined money, to be paid in four equal and quarter-yearly payments in each and every year hereafter during such term, without any deduction, abatement, diminution or defalcation whatever,” for or on account of any taxes, charges or assessments, or of any matter or cause whatever.
The question of the legal construction and effect of this provision is a nice…
2Cases cited6 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Metropolitan Bank v. . Van DyckNew York Court of Appeals · 1863
- Rodes v. . BronsonNew York Court of Appeals · 1866
- Kimpton v. BronsonNew York Supreme Court · 1866
- City of Montpelier v. Central Vermont Railway Co.Supreme Court of Vermont · 1915
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