Smith v. Abbott
Massachusetts Supreme Judicial Court
Two actions of contract for breach of alleged oral agreements to hold the plaintiff, a lessee of property in Boston owned by the defendants, harmless as to claims by sublessees if he would surrender the lease, which he did.
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Two actions of contract for breach of alleged oral agreements to hold the plaintiff, a lessee of property in Boston owned by the defendants, harmless as to claims by sublessees if he would surrender the lease, which he did. Writs dated December 4, 1911. In the Superior Court the cases were tried together before Stevens, J. The material portion of the power of attorney given to Gordon Abbott by Elizabeth S. Bangs, the testatrix of the defendant in the second action, was as follows: "Know all men by these presents that I, Elizabeth S. Bangs of Boston in the County of Suffolk and Commonwealth of…
1Opinion of the CourtBraley, J.
The plaintiff’s cause of action rests upon the paroi agreement alleged to have been made by the plaintiff, the lessee, with .Charles H. Tyler, Esquire, acting as counsel for the lessors when the lease was determined for nonpayment of rent and the premises were surrendered. By the re-entry which followed the plaintiff’s leases to subtenants would at once terminate, and, even if they attorned to the owners, the plaintiff would become liable in damages for breach of the covenant for quiet enjoyment. Casassa v. Smith, 206 Mass. 69.
It was to protect himself from this liability that in…
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