Leavitt v. Maykel
Massachusetts Supreme Judicial Court
Contract, against two defendants doing business under the name of the Worcester Dry Goods-and Wrapper Company, for two months’ rent of a store numbered 192 on Front Street in Worcester, under a covenant contained in a lease in writing, a copy of which was annexed to the declaration. Writ dated March 12, 1909. In the Superior Court the case was submitted to Aiken, C. J., upon an agreed statement of facts, of which those that are essential are stated in the opinion.
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Contract, against two defendants doing business under the name of the Worcester Dry Goods-and Wrapper Company, for two months’ rent of a store numbered 192 on Front Street in Worcester, under a covenant contained in a lease in writing, a copy of which was annexed to the declaration. Writ dated March 12, 1909. In the Superior Court the case was submitted to Aiken, C. J., upon an agreed statement of facts, of which those that are essential are stated in the opinion. The term of the lease was for two years from the first day of June, 1906. The covenant sued upon was to pay as rent #1,850 per…
1Opinion of the CourtKnowlton, C. J.
This is an action to recover rent for premises leased by the plaintiffs to the defendants. The rent for the term covered by the lease was fully paid, but the defendants remained in occupation eight months after the expiration of the term and during that period made monthly payments of rent to the plaintiffs at the rate prescribed by the lease. They then removed from the premises, giving only three days’ notice of their intention to remove. This action is brought to recover rent for the next two months.
The lease contained this clause: “ It is further agreed in consideration hereof the lessees…
2Cases cited6 opinions
- Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
- Benton v. WilliamsMassachusetts Supreme Judicial Court · 1909
- Stone v. St. Louis Stamping Co.Massachusetts Supreme Judicial Court · 1892
- Ferguson v. JacksonMassachusetts Supreme Judicial Court · 1902
- Dix v. AtkinsMassachusetts Supreme Judicial Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Orr v. . Doubleday, Page Co.New York Court of Appeals · 1918
- Judkins v. CharetteMassachusetts Supreme Judicial Court · 1926
- Mutual Paper Co. v. Hoague-Sprague Corp.Massachusetts Supreme Judicial Court · 1937
- Staples v. CollinsMassachusetts Supreme Judicial Court · 1947
- Shannon v. JacobsonMassachusetts Supreme Judicial Court · 1928
43 more not listed; retrieve them via the Exa API.