Stone v. St. Louis Stamping Co.
Massachusetts Supreme Judicial Court
Contract to recover $541.66, for rent of the plaintiff’s store in Boston, for the months of June to October, 1889, inclusive, under an extension of a lease between the plaintiff and the defendant dated September 1, 1887. Trial in the Superior Court, before Dunbar, J., who ordered a verdict for the defendant, and reported the case for the determination of this court, in substance as follows.
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Contract to recover $541.66, for rent of the plaintiff’s store in Boston, for the months of June to October, 1889, inclusive, under an extension of a lease between the plaintiff and the defendant dated September 1, 1887. Trial in the Superior Court, before Dunbar, J., who ordered a verdict for the defendant, and reported the case for the determination of this court, in substance as follows. The following is the material part of the lease relied upon : “ To have and to hold the said store and other premises hereby-leased unto the said St. Louis Stamping Company, and their representatives, from…
1Opinion of the CourtKnowlton, J.
The lease under which this action is brought, after stating the term as one year, contains the following language : “ It is further agreed that this lease may be extended for two years by lessee’s giving thirty days’ notice of such intention, the conditions to remain unchanged, except that an additional eight and one third dollars per month shall be paid, making the annual rent thirteen hundred dollars.” This does not contemplate the making of a new lease, but provides that the term shall be three years instead of one, if the lessee so elects. It is like the leases set out in Kramer v. Cook,…
2Cases cited2 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Bradford v. PattenMassachusetts Supreme Judicial Court · 1871
3Cited by38 opinions
- Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- Leavitt v. MaykelMassachusetts Supreme Judicial Court · 1909
- Andrews v. Marshall Creamery Co.Supreme Court of Iowa · 1902
- Murtland v. EnglishSupreme Court of Pennsylvania · 1906
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