Carpenter v. Pocasset Manufacturing Co.
Massachusetts Supreme Judicial Court
Contract for the breach of a covenant to purchase improvements, contained in a lease executed by the defendant to the plaintiffs. Writ dated December 19, 1898. In the Superior Court damages were assessed by a jury.
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Contract for the breach of a covenant to purchase improvements, contained in a lease executed by the defendant to the plaintiffs. Writ dated December 19, 1898. In the Superior Court damages were assessed by a jury. Later by agreement of parties the question of liability was tried before Braley, J., who found and ordered judgment for the plaintiffs in the sum of $6,200. At the request of the defendant the case was reported for the consideration of this court, with the agreement of the parties that if the finding for the plaintiffs was warranted the judgment was to be affirmed. If upon the…
1Opinion of the CourtHolmes, C. J.
This is an action on a covenant in a lease executed by the defendant to the plaintiffs. The covenant in question follows a right of renewal given to the plaintiffs for such rental as they may agree upon with the lessor, and reads, “ or in case of a failure so to agree, the said lessor shall purchase the improvements upon said land at a valuation to be agreed upon by the parties, or if they cannot so agree, at a valuation to be ascertained by three disinterested referees ... or if the lessor shall prefer not to purchase said improvements, the lessees shall purchase said land ” etc. The case…
2Cases cited3 opinions
- Jones v. ParkerMassachusetts Supreme Judicial Court · 1895
- Hood v. HartshornMassachusetts Supreme Judicial Court · 1868
- Moseley v. AllenMassachusetts Supreme Judicial Court · 1884
3Cited by20 opinions
- Brighton Packing Co. v. Butchers' Slaughtering & Melting Ass'nMassachusetts Supreme Judicial Court · 1912
- Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
- Judkins v. CharetteMassachusetts Supreme Judicial Court · 1926
- Kanawha-Gauley Coal & Coke Co. v. SharpWest Virginia Supreme Court · 1914
- Taylor v. KennedyMassachusetts Supreme Judicial Court · 1917
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