Talbot v. Whipple
Massachusetts Supreme Judicial Court
Tort for the conversion of a wooden building and a machine called a callender, with fixtures appertaining thereto. The following facts were agreed in the superior court: Carroll & Thompson, formerly partners in business, were, while they were such partners, tenants at will of the defendant of certain land and buildings, and of certain water-power connected therewith, owned by the defendant.
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Tort for the conversion of a wooden building and a machine called a callender, with fixtures appertaining thereto. The following facts were agreed in the superior court: Carroll & Thompson, formerly partners in business, were, while they were such partners, tenants at will of the defendant of certain land and buildings, and of certain water-power connected therewith, owned by the defendant. They carried on the business of dyeing and bleaching cotton and woollen fabrics in and upon the said premises, and erected thereupon a wooden building, used by them for a dry-house, seventy-five feet in…
1Opinion of the CourtBigelow, C. J.
The rule of law, as now settled by the recently adjudicated cases, is, that any acts which are equivalent to an agreement on the part of a tenant to abandon and on the part of the landlord to resume possession of demised premises amount to a surrender of a term by operation of law. Grimman v. Legge, 8 B. & C. 324 : S. C. 2 Man. & Ry. 436. Dodd v. Acklom, 6 Man. & Gr. 672; S. C. 7 Scott, N. R. 415. Phene v. Popplewell, 12 C. B. (N. S.) 334, 340. 1 Cruise Dig. tit. ix., c. 1, § 13. The facts in the present case are of the most unequivocal character on the part of both landlord and tenant, and…
2Cited by10 opinions
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- Couch v. Scandinavian-American BankOregon Supreme Court · 1921
- Carson v. ArvantesSupreme Court of Colorado · 1899
- Damaso v. YaredMassachusetts District Court, Appellate Division · 1982
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