Gaston v. Gordon
Massachusetts Supreme Judicial Court
Contract for rent upon a covenant contained in a lease in writing of a store numbered 591 on Washington Street at the corner of Avery Street in Boston. Writ dated September 8, 1908, The provisions of the lease are described in the opinion.
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Contract for rent upon a covenant contained in a lease in writing of a store numbered 591 on Washington Street at the corner of Avery Street in Boston. Writ dated September 8, 1908, The provisions of the lease are described in the opinion. The defendant’s answer, in addition to a general denial, contained the following: “ And further answering the defendant says that, if he ever executed the lease a copy of which is annexed to the declaratian, it was provided in said lease that he should use the said premises solely for the retail liquor business; that said premises could not lawfully be used…
1Opinion of the CourtRugg, J.
This is an action of contract to recover rent reserved in a written lease. The facts are not in controversy. The defendant, hoping to secure a license to sell intoxicating liquors upon the demised premises, executed with the plaintiff under date of November 15,1907, a lease for a term of three years from February 1, 1908, which contained a covenant that he would “ use the said premises solely for the following purposes, — for the retail liquor business ” and would not “ use said premises or any part thereof for any purpose other than those stated in this lease, nor for any purpose . . . which…
2Cases cited13 opinions
- Butterick Publishing Co. v. FisherMassachusetts Supreme Judicial Court · 1909
- Mears v. SmithMassachusetts Supreme Judicial Court · 1908
- Roberts v. Lynn Ice Co.Massachusetts Supreme Judicial Court · 1905
- Houston Ice & Brewing Co. v. KeenanTexas Supreme Court · 1905
- Shedlinsky v. . Budweiser Brewing Co.New York Court of Appeals · 1900
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3Cited by49 opinions
- Hiller v. Submarine Signal Co.Massachusetts Supreme Judicial Court · 1950
- Raner v. GoldbergNew York Court of Appeals · 1927
- Stone v. SullivanMassachusetts Supreme Judicial Court · 1938
- Tocci v. LemboMassachusetts Supreme Judicial Court · 1950
- Snider v. DebanMassachusetts Supreme Judicial Court · 1924
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