Wood v. Bogle
Massachusetts Supreme Judicial Court
Contract for money had and received. The case came before this court on an appeal by the defendant from a judgment of the Superior Court for the plaintiffs upon the following agreed facts: “ The plaintiffs held a lease from the defendant of a store in the building No. 202 Washington Street, in Boston, which con* turned the following clauses, viz.: " To hold for the term of two years from the first day of January, 1872, yielding and paying therefor the rent of three thousand…
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Contract for money had and received. The case came before this court on an appeal by the defendant from a judgment of the Superior Court for the plaintiffs upon the following agreed facts: “ The plaintiffs held a lease from the defendant of a store in the building No. 202 Washington Street, in Boston, which con* turned the following clauses, viz.: " To hold for the term of two years from the first day of January, 1872, yielding and paying therefor the rent of three thousand and five hundred dollars per annum, commencing on the seventeenth day of February, 1872. And the said lessees do promise…
1Opinion of the CourtGray, C. J.
The whole tax for the year upon any parcel of real estate is assessed and payable as of the first day of May. It may be assessed either to the owner or to the tenant, and if assessed to and paid by the tenant, he may recover the amount thereof from his landlord, unless there is an agreement to the contrary. Gen. Sts. c. 11, §§ 8, 9. In the present case, the lease contained an express covenant by the tenants to pay all taxes assessed during the term, and no provision for the apportionment of taxes in any event. The entire tax assessed upon the estate on the first day of May, 1872, while the…
2Cited by5 opinions
- Hodgkins v. PriceMassachusetts Supreme Judicial Court · 1884
- Welch v. GordonMassachusetts Supreme Judicial Court · 1933
- Sargent v. PrayMassachusetts Supreme Judicial Court · 1875
- Minot v. JoyMassachusetts Supreme Judicial Court · 1875
- Carnes v. HerseyMassachusetts Supreme Judicial Court · 1875