Leighton v. Ricker
Massachusetts Supreme Judicial Court
Contract, upon a lease dated March 20,1894, for three years, of a building in Winthrop used as a hotel. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance as follows.
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Contract, upon a lease dated March 20,1894, for three years, of a building in Winthrop used as a hotel. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance as follows. The action was to recover the alleged balance due upon a second lease of $654.92. The defendant filed an account in set-off, and the case was sent to an auditor, who reported to the court that there was due the plaintiff $551.69, with interest from the date of the writ. The defendant accepted the report, except as to item. 16 of his…
1Opinion of the CourtMorton, J.
The single question in this case is whether the defendants can set off against the rent due to the plaintiff the amount paid by them to the town of Winthrop for water used on the premises during the second lease. In the first lease it was expressly provided that the defendants should pay the water rates, but the second lease was silent on the subject. The defendants supposed that it required them to pay the water rates just as the first did. The plaintiff knew that the defendants were paying the water rates, but nothing was said by either party about them till after the lease had expired and…
2Cases cited1 opinion
- Turner v. Revere Water Co.Massachusetts Supreme Judicial Court · 1898
3Cited by7 opinions
- Loring v. Commissioner of Public WorksMassachusetts Supreme Judicial Court · 1928
- Linne v. BredesWashington Supreme Court · 1906
- C. A. Spencer & Son Co. v. Merrimac Valley Power & Buildings Co.Massachusetts Supreme Judicial Court · 1922
- Conos v. SullivanMassachusetts Supreme Judicial Court · 1924
- Sheldon v. HamiltonSupreme Court of Rhode Island · 1900
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