Lyon v. Cunningham
Massachusetts Supreme Judicial Court
Contract for use and occupation of certain premises in Boston, from December 1, 1881, to March 1, 1882. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: The plaintiffs testified that they and the defendants met on August 11, 1881, when the defendants asked the plaintiffs to lease them the premises, stating that they wished to use the building for storage of iron pipe and for other purposes connected with their…
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Contract for use and occupation of certain premises in Boston, from December 1, 1881, to March 1, 1882. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: The plaintiffs testified that they and the defendants met on August 11, 1881, when the defendants asked the plaintiffs to lease them the premises, stating that they wished to use the building for storage of iron pipe and for other purposes connected with their business, as it was convenient to their place of business; that the plaintiffs agreed to lease the premises to the defendants…
1Opinion of the CourtField, J.
It has been much discussed whether one who is let into the possession of land under a contract for a deed, intended to be executed and delivered as soon as the title can be examined and the deed prepared, can, while the contract remains. in force and unexecuted, be regarded as a tenant of the vendor, or be held liable to pay for the use and occupation. By perhaps a majority of the courts it is considered that he is a licensee; that at law his right to occupy is determinable at any time by entry or demand for possession; that, if he accepts the deed, he is liable for nothing except under his…
2Cases cited10 opinions
- Carpenter v. United StatesSupreme Court of the United States · 1873
- Towne v. ButterfieldMassachusetts Supreme Judicial Court · 1867
- Emmons v. ScudderMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. GraddyCourt of Appeals of Kentucky · 1863
- Greton v. . SmithNew York Court of Appeals · 1865
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Barbell v. BrittonMassachusetts Supreme Judicial Court · 1923
- Story v. Lyon Realty Corp.Massachusetts Supreme Judicial Court · 1941
- Boston Fish Market Corp. v. City of BostonMassachusetts Supreme Judicial Court · 1916
- Cohasset Water Co. v. Town of CohassetMassachusetts Supreme Judicial Court · 1947
- Berman v. RowellMassachusetts Supreme Judicial Court · 1931
6 more not listed; retrieve them via the Exa API.