Commercial Wharf Corp. v. City of Boston
Massachusetts Supreme Judicial Court
Two actions of contract, each with a declaration, as amended, containing two counts, the first count being upon a covenant to pay rent for certain premises in Boston for a certain period of time, and the second count being for use and occupation of the same premises for the same period of time. The declarations each stated that both of the counts were for the same cause of action.
Read the full summary
Two actions of contract, each with a declaration, as amended, containing two counts, the first count being upon a covenant to pay rent for certain premises in Boston for a certain period of time, and the second count being for use and occupation of the same premises for the same period of time. The declarations each stated that both of the counts were for the same cause of action. The period covered by the first action was from March 1, 1903, to June 1, 1903, and that covered by the second action was from June 1,1903, to December 1,1903. Writs in the Municipal Court of the City of Boston…
1Opinion of the CourtBraley, J.
It was said upon exceptions taken by the plaintiff at the first trial of these cases, after a verdict had been ordered for the defendant, that “no question seems to have been made but the lease and the extension for five years from December 1, 1896, were duly executed and became binding *487upon the defendant. Nor was there any dispute that for any occupation of the whole or a part of the leased premises after the term of the lease, as extended, had expired, the defendant would be liable to pay rent at the rate stipulated in the lease. The question at issue was whether there had been such…
2Cases cited19 opinions
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Leavitt v. MaykelMassachusetts Supreme Judicial Court · 1909
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Benton v. WilliamsMassachusetts Supreme Judicial Court · 1909
- Mullaly v. AustinMassachusetts Supreme Judicial Court · 1867
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
- Adalian Bros. v. City of BostonMassachusetts Supreme Judicial Court · 1949
- Clarke v. City of Fall RiverMassachusetts Supreme Judicial Court · 1914
- McFadden v. Bancroft Hotel Corp.Massachusetts Supreme Judicial Court · 1943
- United States Drainage & Irrigation Co. v. City of MedfordMassachusetts Supreme Judicial Court · 1917
13 more not listed; retrieve them via the Exa API.