Lundin v. Schoeffel
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court April 15, 1896, to restrain the defendants from interfering with the plaintiff’s rights, under a lease by them to him of the front portion of the basement under the entrance to the building known as the Tre.mont Theatre, in Boston. The answer set up an entry for breach of the conditions of the lease. Hearing before Braley, J., who entered a decree for the plaintiff; and the defendants appealed to this court.
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Bill in equity, filed in the Superior Court April 15, 1896, to restrain the defendants from interfering with the plaintiff’s rights, under a lease by them to him of the front portion of the basement under the entrance to the building known as the Tre.mont Theatre, in Boston. The answer set up an entry for breach of the conditions of the lease. Hearing before Braley, J., who entered a decree for the plaintiff; and the defendants appealed to this court. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
The testimony in this case was given in the presence of the court, and was taken down by a commissioner, under the rule. The decree was for the plaintiff. There is no statement of the facts found, or of the rulings made. The decree, therefore, so far as it involves matters of fact, is to stand, unless it appears by the evidence to be clearly erroneous. Wentworth v. S. A. Woods Machine Co. 163 Mass. 28.
The grounds of forfeiture relied on by the defendants are three; namely, the noise, the unworkmanlike character of the work in Head Place,* and especially the delay in prosecuting the work of…
2Cases cited8 opinions
- Noyes v. . AndersonNew York Court of Appeals · 1891
- Giles v. . AustinNew York Court of Appeals · 1875
- Harnden v. Milwaukee Mechanics' InsuranceMassachusetts Supreme Judicial Court · 1895
- Mactier v. OsbornMassachusetts Supreme Judicial Court · 1888
- Henry v. TupperSupreme Court of Vermont · 1857
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3Cited by24 opinions
- Knight v. BlackCalifornia Court of Appeal · 1912
- Judkins v. CharetteMassachusetts Supreme Judicial Court · 1926
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Clapp v. WilderMassachusetts Supreme Judicial Court · 1900
- Barry v. FrankiniMassachusetts Supreme Judicial Court · 1934
19 more not listed; retrieve them via the Exa API.