Townsend v. Nickerson Wharf Co.
Massachusetts Supreme Judicial Court
Contract on the following agreement signed by the defendant : “ Boston, June 9, 1873. Agreed to let to T. W. Townsend store No. 14 Nickerson Wharf, and the wooden building adjoining, (which he has occupied for some months past,) for the term of one year from May 10, 1873, with the privilege of two years; rent to be paid quarterly in advance, at the rate of seventy-five dollars for each quarter.
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Contract on the following agreement signed by the defendant : “ Boston, June 9, 1873. Agreed to let to T. W. Townsend store No. 14 Nickerson Wharf, and the wooden building adjoining, (which he has occupied for some months past,) for the term of one year from May 10, 1873, with the privilege of two years; rent to be paid quarterly in advance, at the rate of seventy-five dollars for each quarter. Store No. 14 is now occupied for storage of chalk, and the amount collected for storage is to be paid to Mr. Townsend or deducted from his rent bill. In case this property is destroyed by fire, this…
1Opinion of the CourtAmes, J.
It is true, as a general rule, that if possession of demised. premises be withheld by the lessor or by his authority, so that the lessee cannot occupy them at all, he may maintain an action against the lessor for the breach of the agreement; and in that *503case the measure of damages would be the difference between the actual value of the lease and the rent which the tenant would have been bound to pay by its terms. Trull v. Granger, 4 Seld. 115. But in this case the tenant was not excluded from the whole of the demised premises. He accepted the lease. He occupied all of the premises that he…
2Cited by12 opinions
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- Poe v. Machine WorksWest Virginia Supreme Court · 1884
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