Holbrook v. Chamberlin
Massachusetts Supreme Judicial Court
Contract against Henry H. Chamberlin, John M. Barker and Warren D. Hobbs, to recover the rent of certain premises situated in the town of Sutton, leased by the plaintiff to the defendants by two leases under seal, and for damages resulting from the alleged breach of certain covenants therein.
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Contract against Henry H. Chamberlin, John M. Barker and Warren D. Hobbs, to recover the rent of certain premises situated in the town of Sutton, leased by the plaintiff to the defendants by two leases under seal, and for damages resulting from the alleged breach of certain covenants therein. By the first lease, which was dated January 17, 1865, the plaintiff leased to the defendants “ a certain factory building and water privilege with all the appurtenances thereto belonging for the term of five years from April 1,1865. The lessees covenanted, among other things, “ to quit and deliver up the…
1Opinion of the CourtGray, C. J.
The law is settled in this Commonwealth, that the unauthorized execution of a deed in the name either of a part nership or of an individual may be ratified by parol. Cady v. Shepherd, 11 Pick. 400. Swan v. Stedman, 4 Met. 548. McIntyre v. Park, 11 Gray, 102. The defendants have therefore no ground of exception to the ruling that the defendant Barker, having entered under the lease sued on, was estopped to show that his copartner was not authorized to sign his name to it.
The remaining questions in the case relate to the effect of the covenant of the lessees to “ deliver up the premises and all…
2Cases cited2 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Pierce v. GeorgeMassachusetts Supreme Judicial Court · 1871
3Cited by27 opinions
- Bon v. GravesMassachusetts Supreme Judicial Court · 1914
- New England Dredging Co. v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1889
- Bless v. JenkinsSupreme Court of Missouri · 1895
- Second National Bank of Beloit, Wis. v. O. E. Merrill Co.Wisconsin Supreme Court · 1887
- Cawley v. JeanMassachusetts Supreme Judicial Court · 1914
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