Burkhardt v. Yates
Massachusetts Supreme Judicial Court
Contract, for the recovery of rent due under a written lease. Writ dated October 18,1892. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on agreed facts, in substance as follows.
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Contract, for the recovery of rent due under a written lease. Writ dated October 18,1892. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on agreed facts, in substance as follows. The plaintiff, being on June 1,1891, the owner of a leasehold estate terminating December 31, 1893, caused a form of lease of the remainder of her term to be prepared, which, at the beginning thereof, recited that it was between the plaintiff, as lessor, and William A. Yates, of Vassalborough, Alexander L. Yates, of Waterville, both in the county of…
1Opinion of the CourtField, C. J.
The indenture of lease purports to be between the plaintiff, as lessor, and the four defendants, “ doing business under the firm name and style of Yates Bros., Shat-tuck & Co.,” as lessees. It was signed and sealed by the plaintiff and by two of the defendants. The other two defendants, being out of the country at the time of the execution of the indenture, did not sign it, although two spaces were left for their signatures, with seals affixed. It apparently was the intention that all the defendants should sign and seal the indenture. One copy of this indenture thus executed was delivered by…
2Cases cited3 opinions
- McFarlane v. WilliamsIllinois Supreme Court · 1883
- Kabley v. Worcester Gas Light Co.Massachusetts Supreme Judicial Court · 1869
- Clark v. GordonMassachusetts Supreme Judicial Court · 1876
3Cited by3 opinions
- Kidder v. GreenmanMassachusetts Supreme Judicial Court · 1933
- Golding v. BrennanMassachusetts Supreme Judicial Court · 1903
- Kaplan v. BellMassachusetts District Court, Appellate Division · 1936