Greenleaf v. Allen
Massachusetts Supreme Judicial Court
Contract against the executor of William W. Allen. Writ dated February 26, 1878. The declaration was as follows: “And the plaintiffs say that the defendant’s testator, William W. Allen, late of Boston deceased, in his lifetime made an agreement in writing under seal with the plaintiffs, by the terms of which the plaintiffs, by indenture of lease, leased unto said testa tor and said testator hired of the plaintiffs certain premises situated in said Boston on the corner of…
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Contract against the executor of William W. Allen. Writ dated February 26, 1878. The declaration was as follows: “And the plaintiffs say that the defendant’s testator, William W. Allen, late of Boston deceased, in his lifetime made an agreement in writing under seal with the plaintiffs, by the terms of which the plaintiffs, by indenture of lease, leased unto said testa tor and said testator hired of the plaintiffs certain premises situated in said Boston on the corner of North Street and Dock Square, a copy of which lease is hereto annexed and made a part of this declaration. And said…
1Opinion of the CourtGray, C. J.
A promise under seal to pay rent is a covenant. The declaration is a sufficient declaration in contract in the nature of covenant, under the practice act. Gen. Sts. c. 129, § 2. The defendant is liable in this action for the breaches ■ of covenant, both before and after the death of his testator. Hovey v. Newton, 11 Pick. 421. A representation of insolvency does not prevent the prosecution of this action to judgment so an to ascertain the amount due. Gen. Sts. o. 99, § 20. Greenwood v. McGilvray, 120 Mass. 516. The instructions given were, to say the least; sufficiently favorable to the…
2Cases cited1 opinion
- Greenwood v. McGilvrayMassachusetts Supreme Judicial Court · 1876
3Cited by11 opinions
- Johnson v. StoneMassachusetts Supreme Judicial Court · 1913
- Carlton Chambers Co. v. TraskMassachusetts Supreme Judicial Court · 1927
- Walker v. Rednalloh Co.Massachusetts Supreme Judicial Court · 1938
- S. S. Kresge Co. v. SearsCourt of Appeals for the First Circuit · 1936
- Brownfield v. HollandWashington Supreme Court · 1911
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