Lowell v. Strahan
Massachusetts Supreme Judicial Court
The eirst case was an action for money had and received, brought by the owners of a building in Boston against a lessee of a part of the building, to recover a sum of money which the lessee had received from a person whom he had allowed to place a sign on the outer wall of the part of the building leased to the defendant; and the case proceeded on the ground that the outer wall did not pass by the lease, but remained in the possession of the owners.
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The eirst case was an action for money had and received, brought by the owners of a building in Boston against a lessee of a part of the building, to recover a sum of money which the lessee had received from a person whom he had allowed to place a sign on the outer wall of the part of the building leased to the defendant; and the case proceeded on the ground that the outer wall did not pass by the lease, but remained in the possession of the owners. The second CASE was an action by the lessor (one of the plaintiffs in the first action) against the lessee, for breach of a covenant against…
1Opinion of the CourtW. Allen, J.
We think that the outside of the front wall was part of the premises demised in the lease of the first floor in *8the building. If the language had been used in a conveyance iri fee simple, no question could have been made that the walls of the building were included. Undoubtedly, the owner of a building might, in conveying the lower and upper portions of it to different grantees, except the outside of the walls, as he might do in conveying the whole building to one grantee. In every case, it is a question of intention, found in the language used, as applied to the subject matter, and construed…
2Cases cited3 opinions
- Loring v. BaconMassachusetts Supreme Judicial Court · 1808
- Shawmut National Bank v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Pevey v. SkinnerMassachusetts Supreme Judicial Court · 1874
3Cited by65 opinions
- Vinci v. O'NeillSupreme Court of Connecticut · 1925
- Hannon v. SchwartzMassachusetts Supreme Judicial Court · 1939
- Stevenson v. DonnellyMassachusetts Supreme Judicial Court · 1915
- Malden Knitting Mills v. United States Rubber Co.Massachusetts Supreme Judicial Court · 1938
- Kendall v. GreenSupreme Court of New Hampshire · 1893
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