Gordon v. Richardson
Massachusetts Supreme Judicial Court
Bill in equity, filed October 28, 1902, by the lessee of certain real estate numbered 81 and 33 on Winter Street in Boston, for relief from an alleged forfeiture of his lease for breach of condition in allowing the premises to be sold for taxes which he had agreed to pay, and also alleging that the defendant’s entry for alleged breach of condition was not justified. The Superior Court made a decree dismissing the bill; and the plaintiff appealed.
1Opinion of the CourtLoring, J.
The ground on which a tenant gets relief in equity from the forfeiture of his estate for a failure to pay rent is that in equity the landlord’s right of re-entry is given as security for the payment of the rent, and on the rent being paid the very thing is done for which the security was given. Although the payment in that case is made after it is due, on interest being paid compensation is made for the delay in performance, and on compensation being made the plaintiff is entitled to relief. Peachy v. Duke of Somerset, 1 Stra. 447. Hill v. Barclay, 16 Ves. 402, and 18 Ves. 56. Reynolds v.…
2Cases cited10 opinions
- Moore v. SanfordMassachusetts Supreme Judicial Court · 1890
- Giles v. . AustinNew York Court of Appeals · 1875
- Mactier v. OsbornMassachusetts Supreme Judicial Court · 1888
- Dickinson v. ToddMassachusetts Supreme Judicial Court · 1898
- Lundin v. SchoeffelMassachusetts Supreme Judicial Court · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Rader v. PratherSupreme Court of Florida · 1930
- Thompson v. CoeSupreme Court of Connecticut · 1921
- Barry v. FrankiniMassachusetts Supreme Judicial Court · 1934
- Albertson v. LecaSupreme Court of Rhode Island · 1982
- Nichols v. Commissioner of Public WelfareMassachusetts Supreme Judicial Court · 1942
23 more not listed; retrieve them via the Exa API.