Cawley v. Jean
Massachusetts Supreme Judicial Court
Contract for the alleged breach of certain covenants contained in a lease in writing from the plaintiff to the defendant of a certain building and the machinery and fixtures contained in it, on Church Street in Lowell, used as a steam laundry, the instrument of lease containing also an agreement to purchase the premises at the termination of the lease and being dated October 21, 1901, although it was not executed until March 8, 1902, and having indorsed on its back an…
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Contract for the alleged breach of certain covenants contained in a lease in writing from the plaintiff to the defendant of a certain building and the machinery and fixtures contained in it, on Church Street in Lowell, used as a steam laundry, the instrument of lease containing also an agreement to purchase the premises at the termination of the lease and being dated October 21, 1901, although it was not executed until March 8, 1902, and having indorsed on its back an agreement of the last named date signed by the plaintiff and the defendant. Writ dated March 6, 1906. The declaration…
1Opinion of the CourtRtjgg, C. J.
This is an action of contract in which the plaintiff seeks to recover damages for an alleged breach by the defendant of certain covenants contained in a written lease between the *268parties, for a term to begin on October 21, 1901, and bearing that date but in fact executed on March 8, 1902.
The first point to be determined is the date to which the words “as the same now are” in that part of the covenant which requires the lessee to deliver up the premises at the end of the term in “as good order and condition ... as the same now are,” refer, that is, whether they refer to the time when they were…
2Cases cited14 opinions
- Butterick Publishing Co. v. FisherMassachusetts Supreme Judicial Court · 1909
- Gaston v. GordonMassachusetts Supreme Judicial Court · 1911
- Appleton v. . MarxNew York Court of Appeals · 1908
- Commonwealth v. HaydenMassachusetts Supreme Judicial Court · 1912
- Watriss v. First National Bank of CambridgeMassachusetts Supreme Judicial Court · 1878
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