Taylor v. Kennedy
Massachusetts Supreme Judicial Court
Contract on an account annexed under St. 1915, c. 146, § 2, for $1,900 alleged to be due as the rent of a store at 412 Main Street in Worcester according to the terms of a lease in writing dated November 17, 1908, and $17.42 for interest thereon to the date of the writ.
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Contract on an account annexed under St. 1915, c. 146, § 2, for $1,900 alleged to be due as the rent of a store at 412 Main Street in Worcester according to the terms of a lease in writing dated November 17, 1908, and $17.42 for interest thereon to the date of the writ. Writ dated January 7, 1916. The answer, among other alleged defences, alleged that the plaintiffs evicted the defendant from the leased premises and that the plaintiffs accepted from the defendant a surrender of his lease. In the Superior Court the case was tried before Sanderson, J., without a jury. He found the facts that…
1Opinion of the CourtBraley, J.
The defendant as lessee covenanted to pay the rent reserved during the term, and this obligation generally would continue after as well as before he assigned to the Kenney-Kennedy Company, as he remained liable by privity of contract even if the assignee also became liable through privity of estate. Way v. Reed, 6 Allen, 364, 368, 369. Carpenter v. Pocasset Manuf. Co. 180 Mass. 130, 133, 134. It is contended however by him, that his liability has been terminated by either a surrender of the lease or by an eviction by the lessors to which he assented.
“The rule of law,' as now settled by the…
2Cases cited19 opinions
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Skally v. ShutsMassachusetts Supreme Judicial Court · 1882
- Dunlap v. BullardMassachusetts Supreme Judicial Court · 1881
14 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- 68 Beacon Street, Inc. v. SohierMassachusetts Supreme Judicial Court · 1935
- Caruso v. ShelitMassachusetts Supreme Judicial Court · 1933
- Winnisimmet Trust, Inc. v. LibbyMassachusetts Supreme Judicial Court · 1919
- Carlton Chambers Co. v. TraskMassachusetts Supreme Judicial Court · 1927
- Rome v. JohnsonMassachusetts Supreme Judicial Court · 1931
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