Harmon v. Flanagan
Massachusetts Supreme Judicial Court
Contract, by Israel Harmon and Henry Cooley, against Terrence Flanagan and F. W. Helen, to recover the rent of certain rooms in a block on Main Street in Springfield.
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Contract, by Israel Harmon and Henry Cooley, against Terrence Flanagan and F. W. Helen, to recover the rent of certain rooms in a block on Main Street in Springfield. Writ dated May 6, 1876. At the trial in the Superior Court, before Brigham, C. J., the plaintiffs introduced in evidence a lease from one Townsley to the defendants, dated May 1, 1871, of the northerly half of the second and third stories of the above block “for the term of five years from the first day of May, A. D. 1871, yielding and paying therefor the rent of one thousand dollars per annum,” and also a lease from Townsley to…
1Opinion of the CourtGray, C. J.
The lease for ten years from the owner of the fee to the plaintiffs expressly conveyed to them an estate in the premises extending beyond the term of the prior lease for five years to the defendants, and the rent subsequently accruing under that lease, and entitled them to sue for such rent in their own names. Burden v. Thayer, 3 Met. 76. Kendall v. Carland, 5 Cush. 74. Hunt v. Thompson, 2 Allen, 341.
Exceptions overruled.
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