Emmes v. Feeley
Massachusetts Supreme Judicial Court
Contract for use and occupation of a building on Commercial Street in Boston, from January 1 to April 1, 1880. Trial in the Superior Court, before Staples, J., who reported the case for the determination of this court, in substance as follows : On April 7, 1878, the plaintiff demised the premises by written lease to the defendant for one year, at a rent of $50 per month, payable monthly.
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Contract for use and occupation of a building on Commercial Street in Boston, from January 1 to April 1, 1880. Trial in the Superior Court, before Staples, J., who reported the case for the determination of this court, in substance as follows : On April 7, 1878, the plaintiff demised the premises by written lease to the defendant for one year, at a rent of $50 per month, payable monthly. After the expiration of the term, the defendant continued in possession of the premises until April 1, 1880, and paid the same rent as was reserved by the lease until July 1, 1879, after which day the rent…
1Opinion of the CourtField, J.
The defendant, after the expiration of the term for which the land was demised to him by the written lease, became a tenant at will of the plaintiff. This tenancy was not determined by the taking of a part of the land by the city of Boston, for the city thereby took an easement only, and not the fee, and the defendant was not evicted from any part of the land.
The conveyance of a part of the land in fee by the plaintiff to the city of Boston determined the tenancy at will. McFarland v. Chase, 7 Gray, 462
The tenant is not estopped to deny that,' since his own entry into possession, his…
2Cases cited4 opinions
- Dexter v. PhillipsMassachusetts Supreme Judicial Court · 1876
- Hilbourn v. FoggMassachusetts Supreme Judicial Court · 1868
- Lamson v. ClarksonMassachusetts Supreme Judicial Court · 1873
- Holbrook v. GayMassachusetts Supreme Judicial Court · 1850
3Cited by18 opinions
- Gluck v. Mayor of BaltimoreCourt of Appeals of Maryland · 1895
- Lowell Housing Authority v. Save-Mor Furniture Stores, Inc.Massachusetts Supreme Judicial Court · 1963
- Gavin v. Durden Coleman Lumber Co.Massachusetts Supreme Judicial Court · 1918
- Sutton v. GoodmanMassachusetts Supreme Judicial Court · 1907
- Sizer v. ClarkWisconsin Supreme Court · 1903
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