Rice v. Loomis
Massachusetts Supreme Judicial Court
Contract, to recover $102.71, upon the following instrument in writing, signed by the defendants and indorsed on a lease of a house in Boston, executed by the plaintiff as lessor and by A. L. Baker as lessee: “Boston, November 1, 1881. In consideration of the within lease to said A. L. Baker, we hereby guarantee to said Elizabeth Rice the payments of the rent therein stipulated.”
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Contract, to recover $102.71, upon the following instrument in writing, signed by the defendants and indorsed on a lease of a house in Boston, executed by the plaintiff as lessor and by A. L. Baker as lessee: “Boston, November 1, 1881. In consideration of the within lease to said A. L. Baker, we hereby guarantee to said Elizabeth Rice the payments of the rent therein stipulated.” Trial in the Superior Court, without a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: The lease referred to in the instrument declared on was dated November 1, 1881, and…
1Opinion of the CourtC. Allen, J.
According to the usage in this Commonwealth, the word “ rent ” applies as well to payments made by a tenant at will or at sufferance, as to those made by a tenant for years. Pub. Sts. e. 121, §§ 3, 4, 5, 12. By the terms of the lease, the lessee promised to pay the rent of eight hundred dollars for the ter,m of one year, “ and also the rent as above stated for such further time as the lessee may hold the same.” Upon the back of the lease, and before the delivery thereof, the defendant guaranteed to the lessor “the payments of the rent therein stipulated.” Upon the facts stated in the report,…
2Cited by8 opinions
- Sutton v. GoodmanMassachusetts Supreme Judicial Court · 1907
- Warren v. LyonsMassachusetts Supreme Judicial Court · 1890
- Commercial Wharf Corp. v. City of BostonMassachusetts Supreme Judicial Court · 1911
- Kites v. ChurchMassachusetts Supreme Judicial Court · 1886
- Spring v. LeahyMassachusetts Supreme Judicial Court · 1926
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