Legal Opinion

Leominster Fuel Co. v. Scanlon

Massachusetts Supreme Judicial Court

Decided November 27, 1922PublishedCited by 14 opinions

Contract for $200, paid by the plaintiff for replacing a plate glass window in premises leased to it by the defendants and broken by a third party. Writ dated February 16, 1921. In the Superior Court, the action was heard by Qua, J., without a jury. Material evidence is described in the opinion. The judge denied requests of the plaintiff for rulings, raising the questions described in the opinion, and found for the defendants; and the plaintiff alleged exceptions.

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Contract for $200, paid by the plaintiff for replacing a plate glass window in premises leased to it by the defendants and broken by a third party. Writ dated February 16, 1921. In the Superior Court, the action was heard by Qua, J., without a jury. Material evidence is described in the opinion. The judge denied requests of the plaintiff for rulings, raising the questions described in the opinion, and found for the defendants; and the plaintiff alleged exceptions. The case was submitted on briefs,

1Opinion of the CourtRugg, C.J.

This is an action of contract wherein the plaintiff seeks to recover the expenses of replacing a plate glass window broken by a third person, who ran into it from the street. The window was on the first floor next to the sidewalk, formed a part *127of the outer wall of the plaintiff’s office, and admitted light to no other part of the building. The plaintiff was tenant of .the defendants under a lease for a term of years, which described the demised premises in these words: “The landlord lets and the tenant hires 1 room on the first floor of the building No. 8 on Mechanic Street in the City of…

2Cases cited8 opinions

  1. Fiorntino v. MasonMassachusetts Supreme Judicial Court · 1919
  2. Lowell v. StrahanMassachusetts Supreme Judicial Court · 1887
  3. Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
  4. Roberts v. Lynn Ice Co.Massachusetts Supreme Judicial Court · 1905
  5. Shawmut National Bank v. City of BostonMassachusetts Supreme Judicial Court · 1875

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Slocum v. Natural Products Co.Massachusetts Supreme Judicial Court · 1935
  2. Malden Knitting Mills v. United States Rubber Co.Massachusetts Supreme Judicial Court · 1938
  3. Ginsburg v. JacobsonMassachusetts Supreme Judicial Court · 1931
  4. Shepard v. Worcester County Institution for SavingsMassachusetts Supreme Judicial Court · 1939
  5. 265 Tremont Street, Inc. v. HamilburgMassachusetts Supreme Judicial Court · 1947

9 more not listed; retrieve them via the Exa API.

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