Swift v. Boyd
Massachusetts Supreme Judicial Court
Four actions of contract, the declaration in each of which was upon an account annexed containing one item “ for use and occupation ” of land “ hired of the plaintiff by the defendant at eight dollars a month.” In the third action the defendant filed a declaration in set-off “ for use and occupation of a certain building or store in said building . . . hired of the defendant by the plaintiff at $20 per month.”
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Four actions of contract, the declaration in each of which was upon an account annexed containing one item “ for use and occupation ” of land “ hired of the plaintiff by the defendant at eight dollars a month.” In the third action the defendant filed a declaration in set-off “ for use and occupation of a certain building or store in said building . . . hired of the defendant by the plaintiff at $20 per month.” Writs in the Superior Court for the county of Plymouth dated respectively December 19, 1903, January 13,1905, September 9, 1905, July 20, 1906. Also Contract by the defendant in the…
1Opinion of the CourtRlJGG, J.
The exceptions in the action of Boyd v. Swift have not been argued, and so far as not expressly waived are treated as waived. Therefore what we have to say relates wholly to the four actions, which are brought by Swift to recover rent due her from Boyd as her tenant at sufferance.
Certain persons, called the Sawyer heirs, owned a tract of land. On this land was a building belonging to the defendant. Before July 1, 1902, the defendant, occupying the land with her building as tenant at will of the owners, paid them an agreed monthly ground rent. The plaintiff took a lease of this land from the…
2Cases cited4 opinions
- Emery v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1901
- Lash v. AmesMassachusetts Supreme Judicial Court · 1898
- Temple v. PhelpsMassachusetts Supreme Judicial Court · 1906
- Emerson v. City of SomervilleMassachusetts Supreme Judicial Court · 1896
3Cited by13 opinions
- Kobayashi v. Orion Ventures, Inc.Massachusetts Appeals Court · 1997
- Lowell Housing Authority v. Save-Mor Furniture Stores, Inc.Massachusetts Supreme Judicial Court · 1963
- Burke v. WillardMassachusetts Supreme Judicial Court · 1923
- Noyes v. GagnonMassachusetts Supreme Judicial Court · 1917
- Newman v. SussmanMassachusetts Supreme Judicial Court · 1921
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