Kostopolos v. Pezzetti
Massachusetts Supreme Judicial Court
Tort for damages resulting from the alleged unlawful eviction of the plaintiff from a store numbered 77 Winnisimmet Street in Chelsea, where he was carrying on a business.
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Tort for damages resulting from the alleged unlawful eviction of the plaintiff from a store numbered 77 Winnisimmet Street in Chelsea, where he was carrying on a business. Writ in the Municipal Court of the city of Boston dated June 11, 1908. On appeal to the Superior Court the case was tried before JlitohcocJc, J. It appeared that from some time in 1901 through 1904 the plaintiff occupied the premises as a tenant at will of the owner, one Marion E. Donnell, and carried on there a retail fruit store. At certain hours of the day he closed the store while he and his men peddled fruit from…
1Opinion of the CourtSheldon, J.
The lease given by Logan to the plaintiff did not come within the scope of Logan’s agency, and was at first invalid. But the jury have found on sufficient evidence that it was ratified by Stone. It was not and did not need to be under seal, and its paroi ratification made it valid as against him, whether or not it could have been enforced against Donnell the owner gf the' property. It then became the ordinary case of an agreement concerning real estate made by an agent in his own name, but adopted by the principal as his agreement. Buffington v. McNally, 192 Mass. 198. White v. Dahlquist…
2Cases cited7 opinions
- Whipple v. RichMassachusetts Supreme Judicial Court · 1902
- White v. Dahlquist Manufacturing Co.Massachusetts Supreme Judicial Court · 1901
- Millett v. ParkerCourt of Appeals of Kentucky · 1859
- Buffington v. McNallyMassachusetts Supreme Judicial Court · 1906
- Stynes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
- Parker v. LevinMassachusetts Supreme Judicial Court · 1934
- Alfano v. DonnellyMassachusetts Supreme Judicial Court · 1934
- A. W. Banister Co. v. P. J. W. Moodie Lumber Corp.Massachusetts Supreme Judicial Court · 1934
- Ferrick v. BarryMassachusetts Supreme Judicial Court · 1946
16 more not listed; retrieve them via the Exa API.