Miller v. Prescott
Massachusetts Supreme Judicial Court
Ejectment, by the administratrix with the will annexed of the estate of Herbert W. Miller, to recover the residue of a term of a lease, made by the. defendant to the testator, of certain premises on Howard Street in Boston, and damages for withholding the same. Trial in this court, before Holmes, J., who, at the plaintiff’s request, reported the case for the consideration of the full court.
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Ejectment, by the administratrix with the will annexed of the estate of Herbert W. Miller, to recover the residue of a term of a lease, made by the. defendant to the testator, of certain premises on Howard Street in Boston, and damages for withholding the same. Trial in this court, before Holmes, J., who, at the plaintiff’s request, reported the case for the consideration of the full court. If either of certain rulings was wrong, there was to be a new trial; otherwise, judgment was to be entered for the defendant. The facts sufficiently appear in the opinion.
1Opinion of the CourtKnowlton, J.
The plaintiff’s testator, who was the lessee of. the real estate described in the writ, entered into a covenant not to “ make or suffer any waste, or any unlawful, improper, or offensive use of the said premises.” By the terms of the report, judgment was to be entered for the defendant unless there was error in one of the two following rulings : first, “ that unlawful use of the premises by a sub-tenant was a breach of the covenants and conditions of the lease, whether known by the plaintiff or her testator or not ”; secondly, “ that if the rent for the months in question was paid over and…
2Cited by23 opinions
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- In Re Wil-Low CafeteriasCourt of Appeals for the Second Circuit · 1938
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