Phinney v. Foster
Massachusetts Supreme Judicial Court
Contract, for the amount of certain taxes alleged to have been paid by the plaintiff for the defendant. Writ dated May 9, 1904. The declaration alleged: First.
Read the full summary
Contract, for the amount of certain taxes alleged to have been paid by the plaintiff for the defendant. Writ dated May 9, 1904. The declaration alleged: First. That the Revere Roller Coaster Company, a corporation established under the laws of this Commonwealth, by a certain lease in writing dated October 22, 1901, a copy of which is annexed to the declaration, leased to the Aquarama Company, a corporation established under the laws of the State of New Jersey, certain land owned by the Revere Roller Coaster Company situated on Ocean Avenue at Revere Beach in the town of Revere for the term of…
1Opinion of the CourtHammond, J.
Since the plaintiff and the defendant have respectively suceeeded to the rights and liabilities of the original parties to the lease we shall treat them as though they were such parties.
The first question is whether the lessor’s covenant to “ save' the lessee harmless from all taxes, assessments and betterments levied upon said premises until the termination of this lease ” applies to the taxes upon the buildings which were subsequently *186erected by tbe lessee and by tbe terms of tbe lease were his own property. The question seems to turn upon the meaning to be given to the words “ said…
2Cases cited3 opinions
- McGee v. City of SalemMassachusetts Supreme Judicial Court · 1889
- Milligan v. DruryMassachusetts Supreme Judicial Court · 1881
- Nichols v. BucknamMassachusetts Supreme Judicial Court · 1875
3Cited by21 opinions
- City of Boston v. Quincy Market Cold Storage & Warehouse Co.Massachusetts Supreme Judicial Court · 1942
- Wit v. Commercial Hotel Co.Massachusetts Supreme Judicial Court · 1925
- Merchants National Bank v. Merchants National BankMassachusetts Supreme Judicial Court · 1945
- Callahan v. Broadway National BankMassachusetts Supreme Judicial Court · 1934
- Crewe Corp. v. FeilerSupreme Court of New Jersey · 1958
16 more not listed; retrieve them via the Exa API.