Lamson v. Clarkson
Massachusetts Supreme Judicial Court
Contract to recover $18.75, being three months’ rent, for the three months preceding June 17, 1872, according to the terms of a lease, by which the plaintiff demised to the defendant a dwelling-house to hold for one year from June 17, 1872, for the rent of $75, and the lessee covenanted to pay the rent in equal monthly payments of $6.25 at the end of each month.
Read the full summary
Contract to recover $18.75, being three months’ rent, for the three months preceding June 17, 1872, according to the terms of a lease, by which the plaintiff demised to the defendant a dwelling-house to hold for one year from June 17, 1872, for the rent of $75, and the lessee covenanted to pay the rent in equal monthly payments of $6.25 at the end of each month. In the Superior Court, trial by jury was waived, and the case was heard by Brigham, C. J., who found that the defendant occupied the premises, and paid rent according to the terms of the lease to March 17, 1872; that at the time of…
1Opinion of the CourtGray, C. J.
The question presented by this case is whether a tenant, who has executed an indenture of lease for a year, and covenanted thereby to pay a certain rent quarterly, and has occupied the premises until the end of the term, is estopped to show that his landlord’s only title was an estate for the life of another, which expired during the term, and thereby to justify himself in not paying to the landlord rent subsequently accrued. And we are of opinion that he is not so estopped.
So far as the estoppel of the tenant to deny-his landlord’s title is an estoppel in pais, it arises out of his having…
2Cases cited1 opinion
- Hilbourn v. FoggMassachusetts Supreme Judicial Court · 1868
3Cited by24 opinions
- Corrigan v. City of ChicagoIllinois Supreme Court · 1893
- In Re the Accounting of O'DonnellNew York Court of Appeals · 1925
- Tilyou v. . ReynoldsNew York Court of Appeals · 1888
- Gavin v. Durden Coleman Lumber Co.Massachusetts Supreme Judicial Court · 1918
- Reed v. MunnCourt of Appeals for the Eighth Circuit · 1906
19 more not listed; retrieve them via the Exa API.