Aguglia v. Cavicchia
Massachusetts Supreme Judicial Court
Contract or tort by the lessee under a lease in writing dated September 28, 1912, for the term of two years from October 1, 1912, the declaration containing two counts, each for an alleged' breach of the covenant of quiet enjoyment by an eviction of the plaintiff by the defendant, the lessor, as explained in the opinion.
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Contract or tort by the lessee under a lease in writing dated September 28, 1912, for the term of two years from October 1, 1912, the declaration containing two counts, each for an alleged' breach of the covenant of quiet enjoyment by an eviction of the plaintiff by the defendant, the lessor, as explained in the opinion. Writ dated August 22, 1913. The second count of the declaration, which is described in substance in the opinion, contained the following allegations: “That the defendant, who was the lessor named in said lease, wrongfully contriving and intending to injure the plaintiff and…
1Opinion of the CourtCarroll, J.
This action is brought by the lessee against his lessor. The declaration is in two counts. By the lease dated September 28, 1912, the premises were demised to the plaintiff for two years from October 1, 1912. The plaintiff offered to show that the premises consisted of a store and four family suites, that the plaintiff paid the rent to February 1, 1913, and on the same day the agent of the defendant received from one of the plaintiff’s tenants the rent for one month, due on that day, and receipted for it in the defendant’s name, that the defendant had written to this tenant forbidding him to…
2Cases cited13 opinions
- Beekman v. MarstersMassachusetts Supreme Judicial Court · 1907
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- Skally v. ShutsMassachusetts Supreme Judicial Court · 1882
- McGurk v. CronenwettMassachusetts Supreme Judicial Court · 1908
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3Cited by4 opinions
- Mitsakos v. MorrillMassachusetts Supreme Judicial Court · 1921
- Podren v. MacquarrieMassachusetts Supreme Judicial Court · 1919
- John R. Thompson Co. v. Northwestern Mut. Life Ins.District Court, N.D. Ohio · 1937
- Ryan v. HuffmanCalifornia Court of Appeal · 1948