Legal Opinion

Pfaff v. Golden

Massachusetts Supreme Judicial Court

Decided March 27, 1879PublishedCited by 14 opinions

Contract on a written lease, executed by G. R, Reichart and Katherine Reichart as lessors, and by the defendant as lessee, for the term of five years from February 1, 1874, the rent to be paid in equal monthly instalments, and containing the covenants that the lessee, his executors, administrators and assigns, would pay the rent in the manner stipulated, and that they would not, without the consent in writing of the lessors, their heirs or assigns, assign the lease, nor…

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Contract on a written lease, executed by G. R, Reichart and Katherine Reichart as lessors, and by the defendant as lessee, for the term of five years from February 1, 1874, the rent to be paid in equal monthly instalments, and containing the covenants that the lessee, his executors, administrators and assigns, would pay the rent in the manner stipulated, and that they would not, without the consent in writing of the lessors, their heirs or assigns, assign the lease, nor underlet the whole or any part of the premises. The case was submitted to the Superior Court, and, after judgment for the…

1Opinion of the Court

By the Court.

The assignment, from the lessors to the plaintiffs, of the lease to the defendant, entitled them to sue him in their own names upon his covenants in the lease. Hunt v. Thompson, 2 Allen, 341. The assignment from him did not exempt him from liability on that covenant. Way v. Reed, 6 Allen, 364.

Judgment affirmed.

2Cases cited1 opinion

  1. Delano v. BartlettMassachusetts Supreme Judicial Court · 1850

3Cited by14 opinions

  1. Cauble v. HansonCourt of Appeals of Texas · 1920
  2. Kanawha-Gauley Coal & Coke Co. v. SharpWest Virginia Supreme Court · 1914
  3. Cauble v. HansonTexas Commission of Appeals · 1923
  4. Talbot v. Rednalloh Co.Massachusetts Supreme Judicial Court · 1933
  5. Walker v. Rednalloh Co.Massachusetts Supreme Judicial Court · 1938

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