Dix v. Atkins
Massachusetts Supreme Judicial Court
Contbact for rent of certain rooms in the Hotel Pelham, Boston, for the months of October, November and December, 1877, under .a lease, dated May 1, 1875, for two years from October 1, 1875, and containing the following provision; And it is hereby mutually agreed that if, before the end of the said term, neither of the said parties shall give to the other three months’ notice in writing of his intention to terminate this lease at the end of the said term, the lease shall…
Read the full summary
Contbact for rent of certain rooms in the Hotel Pelham, Boston, for the months of October, November and December, 1877, under .a lease, dated May 1, 1875, for two years from October 1, 1875, and containing the following provision; And it is hereby mutually agreed that if, before the end of the said term, neither of the said parties shall give to the other three months’ notice in writing of his intention to terminate this lease at the end of the said term, the lease shall continue in force for another term of one year, and in the same manner from year to year until one of the said parties…
1Opinion of the CourtGray, C. J.
The testimony of the plaintiff and of his janitor tended to show that the plaintiff wrote a letter to the defendant, and delivered it to the janitor with instructions to read it himself and then deliver it to the defendant; and that the janitor, after reading the letter, took it to the defendant’s place of business, and, not finding him in, left it with his clerk, who said he would deliver it to the defendant on his return. This testimony, if believed, would warrant the inference of fact that the defendant had received the letter, and, if the presiding judge was satisfied of that fact, would…
2Cases cited2 opinions
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- Merrill v. MerrillMassachusetts Supreme Judicial Court · 1879
3Cited by2 opinions
- People v. . DolanNew York Court of Appeals · 1906
- Cole v. HallMassachusetts Supreme Judicial Court · 1881