Levy v. Peabody
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on November 23, 1920, and afterwards amended, by the lessee of premises numbered 1359-1367 on Washington Street in Boston, under a lease described in the opinion, against Francis Peabody, the lessor, and the Boston Penny Savings Bank, to whom the defendant Peabody had sold and conveyed the premises in alleged violation of the provisions of the lease.
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Bill in equity, filed in the Supreme Judicial Court on November 23, 1920, and afterwards amended, by the lessee of premises numbered 1359-1367 on Washington Street in Boston, under a lease described in the opinion, against Francis Peabody, the lessor, and the Boston Penny Savings Bank, to whom the defendant Peabody had sold and conveyed the premises in alleged violation of the provisions of the lease. Allegations of the amended bill were, in substance, that for twelve years previous to the execution of the lease, the plaintiff had conducted a hardware business on the premises and had acquired…
1Opinion of the CourtCrosby, J.
This is a bill in equity brought to enforce specific performance of an agreement contained in a written lease of real estate, situated on Washington Street in Boston, and given by the defendant Peabody to the plaintiff. The term of thex lease was for five years from the first day of January, 1916, and contains, among others, the following provisions:
“And Whereas it is the intent of the Lessee, with the consent of the Lessor, forthwith to make various improvements and alterations in and to the leased premises at his own expense;
And Whereas the Lessor hereby reserves the right at any time after…
2Cases cited3 opinions
- De Vitt v. Kaufman CountyCourt of Appeals of Texas · 1901
- Callaghan v. HawkesMassachusetts Supreme Judicial Court · 1876
- Foley v. ConstantinoAppellate Terms of the Supreme Court of New York · 1904
3Cited by9 opinions
- Superior Portland Cement, Inc. v. Pacific Coast Cement Co.Washington Supreme Court · 1949
- Gilbert v. Van KleeckAppellate Division of the Supreme Court of the State of New York · 1954
- Cloverdale Co. v. LittlefieldMassachusetts Supreme Judicial Court · 1921
- Gulf Theatres, Inc. v. Guardian Life Insurance Co. of AmericaSupreme Court of Florida · 1946
- Lowell v. First Church of ChristSupreme Court of New Hampshire · 1958
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