Codman v. Johnson
Massachusetts Supreme Judicial Court
Contract by the lessor of a parcel of real estate abutting on Devonshire Street in Boston, on a covenant of the lessee in the indenture of lease, which was dated June 1,1868. In the superior court the case was submitted on the pleadings, without argument; judgment was ordered for the defendant; and the plaintiff appealed. The facts appear in the opinion. The case Was argued in writing in this court in November 1870.
1Opinion of the CourtWells, J.
The covenant in the lease, upon which this action is brought, is that the lessee shall pay “ all taxes and assessments, whether in the nature of taxes now in being or not, which may be payable or assessed in respect of the premises, or any part thereof, during said term.” The lease was for the term of twenty years from June 1, 1868. The lessee was to erect certain permanent buildings upon the premises. A previous agreement for the lease, made in February 1868, contained the covenant that the lessee should “ pay all taxes, assessments, and repairs during the term.”
In April 1868, the board of…
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