Appleton v. Ames
Massachusetts Supreme Judicial Court
Tort to recover damages for an ouster of a term of years. Trial in the Superior Court, without a jury, before Barker, J., who found for the defendants, and reported the case for the determination of this court, in substance as follows.
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Tort to recover damages for an ouster of a term of years. Trial in the Superior Court, without a jury, before Barker, J., who found for the defendants, and reported the case for the determination of this court, in substance as follows. Frederick L. Ames and Helen A. Ames, as the owners of an estate numbered 48 on Winter Street in Boston, gave a lease thereof to Forbes Wight, who did business under the name of Forbes Wight and Company, for the term of five years from February 1,1881. Helen A. Ames died on December 13, 1882, and the defendant other than the first named held by descent all the…
1Opinion of the CourtDevens, J.
The plaintiff’s position, that by the so called surrender of the lease of Wight, on March 11, to the defendants, he continued, as sub-lessee, the tenant of Wight, under no liability to pay rent to any one, and that- it was the duty of the judge thus to have found, cannot be sustained.
Upon the facts as reported, it was competent to find that the defendants had taken possession of the leased premises for breach of the condition in the lease to Wight. It was in evidence that Wight had failed in January, 1884, and from this it might well be inferred that he had not merely failed to meet some…
2Cases cited8 opinions
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