Rowe v. Williams
Massachusetts Supreme Judicial Court
Contract on covenants for rent in two leases. The writ was dated October 8t 1866, and the declaration was for rent accruing between April 1 and October 1, 1866. In the superior court the facts were agreed and judgment was entered for the plaintiff, and the defendant appealed to this court.
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Contract on covenants for rent in two leases. The writ was dated October 8t 1866, and the declaration was for rent accruing between April 1 and October 1, 1866. In the superior court the facts were agreed and judgment was entered for the plaintiff, and the defendant appealed to this court. By the facts agreed it appeared that the leases were of real estate in Springfield from John Mills to John T. Bockwood, and that the plaintiff and defendant are the legal representatives by assignment respectively of the lessor and lessee. The first lease, dated March 25, 1852, was for the term of one…
1Opinion of the CourtGray, J.
It is very clear that neither of the objections made by the defendant to the plaintiff’s right to maintain this action can be supported.
1. By the terms of the lease, the rent is due and payable on the first days of October and of April; and neither the time of payment, nor the right to sue for the rent in case of non-payment, is extended or postponed by the provision that the landlord may take possession of the premises after sixty days default of payment. Clun's case, 10 Co. 129 a. Van Rensselaer v. Jewett, 5 Denio, 128, 131, and 2 Comst. 148-150.
2. The clause by which it is stipulated that,…
2Cases cited2 opinions
- Gray v. WilsonSupreme Court of Pennsylvania · 1835
- Van Rensselaer v. JewettNew York Supreme Court · 1847
3Cited by21 opinions
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- Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
- Supreme Council of the Order of Chosen Friends v. ForsingerIndiana Supreme Court · 1890
- Mittenthal v. MascagniMassachusetts Supreme Judicial Court · 1903
- Bauer v. International Waste Co.Massachusetts Supreme Judicial Court · 1909
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