Neal v. Jefferson
Massachusetts Supreme Judicial Court
Contract for the alleged breach of a covenant of renewal in a lease. Writ dated October 31, 1910. In the Superior Court the case was tried before Dubuque, J. The defendant was the executrix of the will of Joseph Jefferson, late of Bourne. The lease was dated May 22, 1909, and was for the term of one year from November 1, 1909, at the annual rent of $1,000. The lessor was described as “the estate of Joseph Jefferson.”
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Contract for the alleged breach of a covenant of renewal in a lease. Writ dated October 31, 1910. In the Superior Court the case was tried before Dubuque, J. The defendant was the executrix of the will of Joseph Jefferson, late of Bourne. The lease was dated May 22, 1909, and was for the term of one year from November 1, 1909, at the annual rent of $1,000. The lessor was described as “the estate of Joseph Jefferson.” The covenant sued upon was as follows: “And the said lessor further covenants that it will, on or before the first day of June, A. D. 1910, at the request of the said lessee,…
1Opinion of the CourtSheldon, J.
It is not material to determine whether the plaintiff could have enforced specifically against the defendant’s gran*522tees her agreement to give him a new lease. However this might be, the defendant was personally liable upon her covenant, and her conveyance of the leased premises did not relieve her from that liability. Riley v. Hale, 158 Mass. 240. Jones v. Parker, 163 Mass. 564, 568. Carpenter v. Pocasset Manuf. Co. 180 Mass. 130, 133. See Manning v. Fitch, 138 Mass. 273; Tufts v. Atlantic Telegraph Co. 151 Mass. 269. The cases of Hickey v. Railway Co. 51 Ohio St. 40, and Sexauer v. Wilson,…
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