Porter v. Merrill
Massachusetts Supreme Judicial Court
Writ of review of a judgment recovered by the defendant in review against the plaintiffs in review, for rent for August and September, 1875, on the following instrument in writing, signed by the plaintiffs in review and Dio Lewis: “ Lease of Apartments in the Bellevue.
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Writ of review of a judgment recovered by the defendant in review against the plaintiffs in review, for rent for August and September, 1875, on the following instrument in writing, signed by the plaintiffs in review and Dio Lewis: “ Lease of Apartments in the Bellevue. Dio Lewis leases to Mr. and Mrs. J. K. Porter Rooms No. 1 and 2, in the Bellevue, Nos. 17 and 19 Beacon Street, Boston, for the term of twelve months, for forty-four dollars per week, to be paid on the first day of each month. It is agreed that there shall be no cooking in said rooms. It is agreed that if, at any time during…
1Opinion of the CourtAmes, J.
The written contract declared upon purports to be a lease, for a precise time and at a definite weekly rate, of certain specific rooms, so separated from all other rooms in the same house as to become in fact and in law the separate tenement of the lessees. It thus had the ordinary characteristics of a lease, and is not the case of a contract between the keeper of a boarding-house and a lodger. See White v. Maynard, 111 Mass. 250, in which this subject is fully discussed, and the authorities are collected and analyzed. The fact that, besides leasing the rooms, the lessor undertakes to furnish…
2Cases cited1 opinion
- White v. MaynardMassachusetts Supreme Judicial Court · 1872
3Cited by18 opinions
- Roberts v. Lynn Ice Co.Massachusetts Supreme Judicial Court · 1905
- Kanawha-Gauley Coal & Coke Co. v. SharpWest Virginia Supreme Court · 1914
- Alfano v. DonnellyMassachusetts Supreme Judicial Court · 1934
- Saxeney v. PanisMassachusetts Supreme Judicial Court · 1921
- Cohen v. ToddSupreme Court of Minnesota · 1915
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