Sibley v. Brown
Massachusetts Supreme Judicial Court
Debt on a bond dated the 1st of April, 1823, requiring that Brown should perform “ the conditions” contained in an indenture of lease, made on the' same day between him and the plaintiff; the declaration setting forth a covenant in the indenture to pay the plaintiff 240 dollars at the end of one year, and alleging a breach of that covenant.
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Debt on a bond dated the 1st of April, 1823, requiring that Brown should perform “ the conditions” contained in an indenture of lease, made on the' same day between him and the plaintiff; the declaration setting forth a covenant in the indenture to pay the plaintiff 240 dollars at the end of one year, and alleging a breach of that covenant. Plea, after oyer, that after the making of the bond and lease, and before any one of the covenants on the part of the lessee had been broken, viz. on the 10th of October, 1823, the contract respecting the rent and occupation of the leased premises was…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. In the argument of this case no authority was cited in support of the demurrer, and none that is very decisive in support of *144the replication demurred to. We must therefore grope our way in the dark, or with such light only as our extremely time will enable us to procure.
The action is debt upon a bond, and the condition of the bond is, that the covenants in a certain lease shall be performed by one of the obligors. The plea is, that by mutual consent the contract in the lease was rescinded, and the lease itself cancelled. In the replication this…
2Cases cited3 opinions
- Keay v. GoodwinMassachusetts Supreme Judicial Court · 1819
- Williams v. ShermanNew York Supreme Court · 1831
- Carpenter v. CraneConnecticut Superior Court · 1785