Sanders v. Partridge
Massachusetts Supreme Judicial Court
Contract to recover $1450 as rent from April 1, 1870, to July 1,1870, by virtue of a lease under seal, dated December 15, 1869, given by the plaintiff to Charles E. Jackson and David W. Muzzy, of buildings on Washington Street in Boston, for ten years, at an annual rent of $5800, payable quarterly, which the lessees covenanted to pay.
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Contract to recover $1450 as rent from April 1, 1870, to July 1,1870, by virtue of a lease under seal, dated December 15, 1869, given by the plaintiff to Charles E. Jackson and David W. Muzzy, of buildings on Washington Street in Boston, for ten years, at an annual rent of $5800, payable quarterly, which the lessees covenanted to pay. Trial in the superior court, before Scudder, J., who, before verdict, reported the following case, by consent of parties, for the determination of this court: “ The demised premises consisted of tenements, and were underlet by Jackson and Muzzy to various…
1Opinion of the CourtWells, J.
To maintain an action for rent requires privity of contract or privity of estate. Either will suffice, if rent is due.
When a lease is assigned, and the assignee enters under it, he becomes tenant of the lessor; he is bound by all the covenants of the lease which are not personal to the lessee, and he is liable to the lessor for all rents which accrue while he holds the estate. If there is no express covenant for the payment of rent, contained in the lease, then the covenant implied from the reservation of rent binds the lessee, and “ runs with the land ” so as to bind the *558assignee also.…
2Cases cited2 opinions
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- Waldo v. HallMassachusetts Supreme Judicial Court · 1787
3Cited by26 opinions
- Taylor v. KennedyMassachusetts Supreme Judicial Court · 1917
- Leominster Gas Light Co. v. HilleryMassachusetts Supreme Judicial Court · 1908
- Dieter v. ScottSupreme Court of Vermont · 1939
- Moulton v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1922
- Adamowicz v. IwanickiMassachusetts Supreme Judicial Court · 1934
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