Legal Opinion

Kabatchnick v. Hoffman

Massachusetts Supreme Judicial Court

Decided March 2, 1917PublishedCited by 8 opinions

Bill in equity, filed in the Superior Court on August 25 and amended on October 8, 1915, seeking to restrain the defendant from interfering with the plaintiff’s use of the basement or cellar of a building numbered 43 Chelsea Street and 3 Gray Street in the part of Boston called Charlestown, the said building with certain exceptions being let to the plaintiff by the defendant under a lease in writing dated August 27, 1914, also seeking “that damages be assessed in favor of…

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Bill in equity, filed in the Superior Court on August 25 and amended on October 8, 1915, seeking to restrain the defendant from interfering with the plaintiff’s use of the basement or cellar of a building numbered 43 Chelsea Street and 3 Gray Street in the part of Boston called Charlestown, the said building with certain exceptions being let to the plaintiff by the defendant under a lease in writing dated August 27, 1914, also seeking “that damages be assessed in favor of the plaintiff against the defendant for failure to provide two toilets and fixtures as set forth in the bill” and “that…

1Opinion of the CourtCrosby, J.

The plaintiff, as lessee under a written lease of certain portions of a building to be erected by the defendant, entered into possession upon its completion; and soon afterwards controversies arose between the parties as to their respective rights under the lease. There was evidence to show that the matters in dispute were referred to arbitrators, and that the attorney for the plaintiff and the attorney for the defendant were agreed upon by the parties as such arbitrators, and they-have made an award.

It' is the contention of the defendant that the award is binding upon the parties and is a…

2Cases cited3 opinions

  1. Smith v. HolcombMassachusetts Supreme Judicial Court · 1868
  2. Camp v. SessionsMassachusetts Supreme Judicial Court · 1870
  3. Parker v. ClarkMassachusetts Supreme Judicial Court · 1870

3Cited by8 opinions

  1. Mills v. Board of Conciliation & ArbitrationMassachusetts Supreme Judicial Court · 1942
  2. J. F. Fitzgerald Construction Co. v. Southbridge Water Supply Co.Massachusetts Supreme Judicial Court · 1939
  3. Baldwin v. MosesMassachusetts Supreme Judicial Court · 1946
  4. Mueller v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1935
  5. Mullin v. TrolingerMissouri Court of Appeals · 1944

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