Kabley v. Worcester Gas Light Co.
Massachusetts Supreme Judicial Court
Contract. At the trial in this court, before. Ames, J., “it was conceded, for the purposes of the trial, that the plaintiffs could prove that the defendants, being desirous of building a gas-holder upon land in the rear of a lot belonging to the female plaintiff, and having no means of getting from the street upon said land except over this lot, had applied to the plaintiffs for leave to use the lot for the purposes described in the following written agreement, signed by the…
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Contract. At the trial in this court, before. Ames, J., “it was conceded, for the purposes of the trial, that the plaintiffs could prove that the defendants, being desirous of building a gas-holder upon land in the rear of a lot belonging to the female plaintiff, and having no means of getting from the street upon said land except over this lot, had applied to the plaintiffs for leave to use the lot for the purposes described in the following written agreement, signed by the plaintiffs: 6 Worcester, May 13, 1868. We, the undersigned, agree to rent or lease a certain tract of land on the…
1Opinion of the CourtAmes, J.
The question whether a written instrument is a lease, or only an agreement for a lease, depends on the intention of the parties to be collected from the whole instrument. Bacon v. Bowdoin, 22 Pick. 401. The form of expression “ we agree to rent or lease” is far from being decisive upon this question, and does not necessarily import that a lease is intended to be given at a future day. On the contrary those words may take effect as a present demise, and the words “ agree to let ” have been held to mean exactly the same thing as the word “let,” unless there be something in the instrument to…
2Cases cited2 opinions
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Jenkins v. EldredgeU.S. Circuit Court for the District of Massachusetts · 1845
3Cited by14 opinions
- Alfano v. DonnellyMassachusetts Supreme Judicial Court · 1934
- Peters v. StoneMassachusetts Supreme Judicial Court · 1906
- Weed v. Lindsay & MorganSupreme Court of Georgia · 1892
- Holley v. YoungSupreme Judicial Court of Maine · 1876
- Riedel v. Plymouth Redevelopment AuthorityMassachusetts Supreme Judicial Court · 1968
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