Papanastos v. Heller
Massachusetts Supreme Judicial Court
Two actions of contract, the first action being for $208.33, paid as rent under a lease in writing previous to the premises being delivered to the plaintiffs, the lessees; and the second action being by the lessors for rent alleged to be due under the provisions of the lease.
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Two actions of contract, the first action being for $208.33, paid as rent under a lease in writing previous to the premises being delivered to the plaintiffs, the lessees; and the second action being by the lessors for rent alleged to be due under the provisions of the lease. Writ in the first action in the Municipal Court of the City of Boston dated December 9, 1914, and in the second action in the Superior Court dated February 2, 1915. The first action was removed to the Superior Court, where the two actions were heard together by Aiken, C. J., without a jury. The material facts are stated…
1Opinion of the CourtDe Courcy, J.
On the undisputed evidence, supplemented by the judge’s findings, the following facts are established. Heller, the defendant in the first action (hereinafter referred to as the defendant) and Peter and Apostolos Papanastos (herein referred to as the plaintiffs) on October 24, 1914, entered into a written lease of "the store and dwelling house in the building numbered 906 & 908 Washington Street,” Boston, for a term of ten years beginning with noon of the first day of December 1914. The lease contained a covenant that the lessor would “fix up the demised premises above the store in good…
2Cited by10 opinions
- Barry v. FrankiniMassachusetts Supreme Judicial Court · 1934
- Ringwood Assocs., Ltd. v. Jack's of Route 23, Inc.New Jersey Superior Court Appellate Division · 1977
- Malden Knitting Mills v. United States Rubber Co.Massachusetts Supreme Judicial Court · 1938
- Loitherstein v. International Business MacHines Corp.Massachusetts Appeals Court · 1980
- Adams, Harkness & Hill, Inc. v. Northeast Realty Corp.Massachusetts Supreme Judicial Court · 1972
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