White v. Wieland
Massachusetts Supreme Judicial Court
Contract for use and occupation of a dwelling-house in Cambridge during February and March 1869 at $8 per month, and April 1869 at $16 per month.
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Contract for use and occupation of a dwelling-house in Cambridge during February and March 1869 at $8 per month, and April 1869 at $16 per month. Writ dated June 9, 1869. The defendant declared in set-off for $127.64 paid to the plaintiff’s use, for repairs on the house in 1867 and 1868. At the trial in the superior court, before Rockwell, J., on appeal from the police court of Cambridge, the jury returned a verdict for $73.10 in favor of the defendant, and the judge allowed a bill of exceptions of which the following is the material part: “ The defendant, at the trial, admitted his use and…
1Opinion of the CourtChapman, C. J.
The plaintiff’s contract to give the defendant a lease for five years was xithin the statute of frauds, and could not be enforced. But if he broke it before the defendant had broken the contract on his part, and expelled him from the premises, the defendant would thereby be entitled to recover of him for the repairs which he had made on the premises in conformity with his contract. Williams v. Bemis, 108 Mass. 91, and cases there cited.
It appearing that the plaintiff had refused to give the lease, he offered to prove in excuse that the defendant had failed to pay the rent, but did not offer…
2Cases cited1 opinion
- Williams v. BemisMassachusetts Supreme Judicial Court · 1871
3Cited by18 opinions
- Allen v. RichardSupreme Court of Missouri · 1884
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
- Carkonen v. AlbertsWashington Supreme Court · 1938
- Kelley v. ThompsonMassachusetts Supreme Judicial Court · 1902
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