Taylor v. Dexter Engine Co.
Massachusetts Supreme Judicial Court
Contract. The original declaration was for use and occupation of certain premises, according to an account annexed, the several items of which were for the “ use of store basement, corner of Hartford and Wendell Streets,” in Boston, between dates specified. The plaintiff filed an amended declaration “ for warehouse room furnished by the plaintiff for the storage of an engine, the property of the defendant,” according to the same account annexed.
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Contract. The original declaration was for use and occupation of certain premises, according to an account annexed, the several items of which were for the “ use of store basement, corner of Hartford and Wendell Streets,” in Boston, between dates specified. The plaintiff filed an amended declaration “ for warehouse room furnished by the plaintiff for the storage of an engine, the property of the defendant,” according to the same account annexed. Trial in the Superior Court, without a jury, before Thompson, J., who found for the plaintiff, and made a' report of the case, of which the pleadings…
1Opinion of the CourtC. Allen, J.
By the amended declaration, the plaintiff sought to recover “ for warehouse room furnished by the plaintiff for the storage of an engine, the property of the defendant.” This is according to the form contained in the schedule of forms appended to § 94 of the Pub. Sts. e. 167. At the outset, the engine had been lawfully put into the basement of the plaintiff’s building, but, upon a failure of the tenant of the premises to pay rent, the plaintiff took possession, and notified the defendant corporation that, if it did not remove the engine, he should make a certain charge to the defendant for…
2Cases cited1 opinion
- Horton v. CooleyMassachusetts Supreme Judicial Court · 1883
3Cited by8 opinions
- Hobbs v. Massasoit Whip Co.Massachusetts Supreme Judicial Court · 1893
- Williams v. SederMassachusetts Supreme Judicial Court · 1940
- Flesher v. HandlerMassachusetts Supreme Judicial Court · 1939
- Champlin v. JacksonMassachusetts Supreme Judicial Court · 1945
- Bruce v. HARVARD TRUST COMPANYMassachusetts Appeals Court · 1973
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