Kansas Investment Co. v. Carter
Massachusetts Supreme Judicial Court
Contract, against Timothy H. Carter and Francis A. Dew-son, for breach of the covenant for quiet enjoyment in a lease, by which the defendants demised to the plaintiff “ the store or office on the first floor of the Carter Building, so called, on Water and Devonshire Streets and Spring Lane, in the city of Boston,” for the term of five years from April 1, 1888, and containing the covenant that the lessee “ shall peaceably hold and enjoy the said rented premises without…
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Contract, against Timothy H. Carter and Francis A. Dew-son, for breach of the covenant for quiet enjoyment in a lease, by which the defendants demised to the plaintiff “ the store or office on the first floor of the Carter Building, so called, on Water and Devonshire Streets and Spring Lane, in the city of Boston,” for the term of five years from April 1, 1888, and containing the covenant that the lessee “ shall peaceably hold and enjoy the said rented premises without hindrance or interruption by the said lessors, or any person or persons whomsoever.” Trial in the Superior Court, without a…
1Opinion of the CourtAllen, J.
1. The defendants asked for a ruling, in substance, that after receiving the notice from the inspector of buildings Blackall had the right either to make the building safe and secure, or to remove it, as he might deem best; and that his election to remove it afforded no ground for imposing any liability upon Carter, the owner, even if the court should find that the *430building could have been made safe and secure. This ruling was rightly refused. The St. 1885, c. 374, § 111, required the defendants, upon receiving the notice, to cause the building “to be made safe and secure, or taken down.”…
2Cases cited3 opinions
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Case v. MinotMassachusetts Supreme Judicial Court · 1893
- Watuppa Reservoir Co. v. MackenzieMassachusetts Supreme Judicial Court · 1882
3Cited by11 opinions
- Roman v. KingSupreme Court of Missouri · 1921
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- H. W. Robinson Carpet Co. v. FletcherMassachusetts Supreme Judicial Court · 1943
- Lindwall v. MayAppellate Division of the Supreme Court of the State of New York · 1906
- Burofsky v. TurnerMassachusetts Supreme Judicial Court · 1931
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