Gavin v. Durden Coleman Lumber Co.
Massachusetts Supreme Judicial Court
Contract, by Jennie I. Gavin, the wife of Thomas J. Gavin, of Watertown, against the Durden Coleman Lumber Company, a corporation organized under the laws of the State of Georgia, a manufacturer and a wholesale dealer in pine lumber having no place of business in this Commonwealth, with a declaration in two counts, the first count being for the use and occupation of a certain tract of land on Arsenal Street in Watertown from August 4, 1914, to January 4, 1915, at $25 a…
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Contract, by Jennie I. Gavin, the wife of Thomas J. Gavin, of Watertown, against the Durden Coleman Lumber Company, a corporation organized under the laws of the State of Georgia, a manufacturer and a wholesale dealer in pine lumber having no place of business in this Commonwealth, with a declaration in two counts, the first count being for the use and occupation of a certain tract of land on Arsenal Street in Watertown from August 4, 1914, to January 4, 1915, at $25 a month, $125, and the second count as the assignee, through a third person, of a certain account of the plaintiff’s husband…
1Opinion of the CourtPierce, J.
On the first count the plaintiff seeks to recover rent of the defendant for the use and occupation of certain premises from August 4, 1914, to January 4, 1915, at $25 per month. There was evidence to warrant a finding that the defendant became a tenant at will and entered into possession of the premises on August 4, 1914, under an implied contract made by the duly authorized agents of the plaintiff and the defendant.
On September 17, 1914, the plaintiff, by warranty deed, conveyed the entire premises and received simultaneously a mortgage deed to secure the purchase money. On December 17,…
2Cases cited13 opinions
- Lindquist v. DicksonSupreme Court of Minnesota · 1906
- Fry's v. Lexington & Big Sandy RailroadCourt of Appeals of Kentucky · 1859
- Kingsley v. DavisMassachusetts Supreme Judicial Court · 1870
- Lamson v. ClarksonMassachusetts Supreme Judicial Court · 1873
- Hammond v. ThompsonMassachusetts Supreme Judicial Court · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Traylor v. GraftonCourt of Appeals of Maryland · 1975
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- Commonwealth v. RedmondMassachusetts Supreme Judicial Court · 1970
- Lowell Housing Authority v. Save-Mor Furniture Stores, Inc.Massachusetts Supreme Judicial Court · 1963
21 more not listed; retrieve them via the Exa API.