Bogigian v. Booklovers Library
Massachusetts Supreme Judicial Court
Two ACTIONS OP CONTRACT, ONE for the alleged breach of an oral agreement to take from the plaintiff a lease of a store at the corner of Beacon Street and Park Street in Boston and to furnish a guaranty satisfactory to the plaintiff for the faithful performance of the terms and conditions of the lease.
Read the full summary
Two ACTIONS OP CONTRACT, ONE for the alleged breach of an oral agreement to take from the plaintiff a lease of a store at the corner of Beacon Street and Park Street in Boston and to furnish a guaranty satisfactory to the plaintiff for the faithful performance of the terms and conditions of the lease. Writ in the Superior Court dated April 16,1903. The other by the defendant in the first named case to recovfer $500 paid for the first month’s rent under a lease, on the ground that the negotiations between the parties had resulted in no lease or contract. Writ in the Municipal Court of the City…
1Opinion of the CourtLoring, J.
The first of these two eases is an action to recover damages for not taking a lease of a store owned by the plaintiff. The contract sued on was made by word of mouth. The defendant refused to furnish a guarantor of the rent to be paid, claiming that the, oral agreement did not require it to do so. The plaintiff refused to give a lease without a guaranty of the rent and brought this action against the defendant for not taking a lease and furnishing a guaranty of the rent therein specified.
The defendant set up in defence the statute of frauds, R. L. c. 74, § 1, cl. 4. To meet this defence the…
2Cases cited1 opinion
- Hayes v. JacksonMassachusetts Supreme Judicial Court · 1893
3Cited by17 opinions
- Silverstein v. KeaneSupreme Court of New Jersey · 1955
- Nickerson v. WeldMassachusetts Supreme Judicial Court · 1910
- Des Brisay v. FossMassachusetts Supreme Judicial Court · 1928
- A. B. C. Auto Parts, Inc. v. MoranMassachusetts Supreme Judicial Court · 1971
- Woods v. MatthewsMassachusetts Supreme Judicial Court · 1916
12 more not listed; retrieve them via the Exa API.