Jones v. Donnelly
Massachusetts Supreme Judicial Court
Contract “for rent” in the sum of $546 and interest according to an account annexed, which set forth a claim “for the use of premises at 309 Tremont Street, Boston, from May 1, 1908, to August 1, 1913.” The action originally was brought in the name of Mary E. R. Jones, the plaintiff’s mother.
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Contract “for rent” in the sum of $546 and interest according to an account annexed, which set forth a claim “for the use of premises at 309 Tremont Street, Boston, from May 1, 1908, to August 1, 1913.” The action originally was brought in the name of Mary E. R. Jones, the plaintiff’s mother. Writ in the Municipal Court of the City of Boston dated September 10, 1913. : ■ On removal to the Superior Court, the case was tried before Hitchcock, J. It appeared that up to February 15,1906, the premises in question were owned by the plaintiff’s mother, who had made with the defendant the agreements…
1Opinion of the CourtCarroll, J.
The plaintiff sues for the use and occupation of a roof used for advertising purposes, and her right to recover in this form of action depends upon whether the relation of landlord and tenant existed between herself and the defendant. Central Mills Co. v. Hart, 124 Mass. 123. Kirchgassner v. Rodick, 170 Mass. 543. Rogers v. Coy, 164 Mass. 391. Keener on Quasi-Contracts, 191,192.
If the defendant at the termination of his contract with the plaintiff’s mother became a tenant at will, as argued by the plaintiff, and was such when Mary E. R. Jones, the mother, conveyed the real estate in question…
2Cases cited13 opinions
- Lowell v. StrahanMassachusetts Supreme Judicial Court · 1887
- Reynolds v. . Van BeurenNew York Court of Appeals · 1898
- Roberts v. Lynn Ice Co.Massachusetts Supreme Judicial Court · 1905
- White v. MaynardMassachusetts Supreme Judicial Court · 1872
- Central Mills Co. v. HartMassachusetts Supreme Judicial Court · 1878
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3Cited by20 opinions
- Gavin v. Durden Coleman Lumber Co.Massachusetts Supreme Judicial Court · 1918
- Levin v. RoseMassachusetts Supreme Judicial Court · 1939
- Willett v. PilotteMassachusetts Supreme Judicial Court · 1953
- Stratis v. McLellan Stores Co.Massachusetts Supreme Judicial Court · 1942
- Estey v. GardnerMassachusetts Supreme Judicial Court · 1935
15 more not listed; retrieve them via the Exa API.