Amory v. Kannoffsky
Massachusetts Supreme Judicial Court
Cobtbact to recover rent reserved in a lease under seal from the plaintiff to the defendant and signed by John L. Roberts and the defendant.
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Cobtbact to recover rent reserved in a lease under seal from the plaintiff to the defendant and signed by John L. Roberts and the defendant. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows : The plaintiff proved the lease whereby it appeared that the ent was payable monthly in advance, on the sixth day of every month, and this action was brought to recover the instalments due on October 6 and November 6, 1872, the lease having at the latter date two years more to run. John L. Roberts, who signed the lease, was at the time the general…
1Opinion of the CourtEndicott, J.
It appears by the bill of exceptions that John L. Roberts was the general agent of the plaintiff in the management of his real estate. Under this agency he executed the lease in question and received the rent, though he had no written authority. That he was authorized to do this under his general agency must be taken for granted, from the fact that this action is brought upon the covenants of the lease for such instalments of rent as are not paid. In the absence of some restriction upon the admitted general agency of Roberts to manage the real estate, as he was doing by executing leases and…
2Cases cited1 opinion
- Randall v. RichMassachusetts Supreme Judicial Court · 1814
3Cited by26 opinions
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Gray v. Kaufman Dairy & Ice Cream Co.New York Court of Appeals · 1900
- Beall v. WhiteSupreme Court of the United States · 1877
- Learoyd v. GodfreyMassachusetts Supreme Judicial Court · 1885
- Means v. CottonMassachusetts Supreme Judicial Court · 1916
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