Kaplan v. Bell

The plaintiff, by a lease under seal, demised to the defendant Maiorana for a term not yet expired the premises for the rent of which this action is brought. The appealing defendant Bell is not named in the lease. cf. Burkhardt v. Yates, 161 Mass. 591. In fact, she was a partner of Maiorana, told him to execute the lease, occupied the premises with him as partner and contributed to the rent.

*510The court erred in finding against the defendant Bell and refusing her requests. The indenture created a term in the named lessee alone, the relation of landlord and tenant, with its attendant estoppels…