Johnson v. Stone
Massachusetts Supreme Judicial Court
Contract, against an administrator, for $300 upon a covenant to pay rent contained in a lease from the plaintiffs to the defendant’s intestate dated April 15, 1907, for the term of five years from May 15, 1907. Writ in the Police Court of Lynn dated May 1, 1911. On appeal to the Superior Court the case was tried before Bell, J. It appeared that the lease was in the ordinary form and contained a covenant of the lessee “not to lease, nor underlet . . . but with the approbation…
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Contract, against an administrator, for $300 upon a covenant to pay rent contained in a lease from the plaintiffs to the defendant’s intestate dated April 15, 1907, for the term of five years from May 15, 1907. Writ in the Police Court of Lynn dated May 1, 1911. On appeal to the Superior Court the case was tried before Bell, J. It appeared that the lease was in the ordinary form and contained a covenant of the lessee “not to lease, nor underlet . . . but with the approbation of the lessors or Chase and Lunt, agents, thereto, in writing, having been first obtained;” that the defendant’s…
1Opinion of the CourtBraley, J.
By the death of the lessee dining the term, the leasehold became personal assets of his estate, and the restrictive covenant not to lease, nor underlet, nor permit any other person or persons to occupy or improve the premises but with the approbation of the lessors thereto in writing having been first obtained, while binding the lessee, did not prevent the leasehold interest from passing to the defendant as the administrator of his estate. Smith v. Putnam, 3 Pick. 221, 223. Bemis v. Wilder, 100 Mass. 446. Squire v. Learned, 196 Mass. 134, 136.
But the defendant’s offer of proof, that he…
2Cases cited7 opinions
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Bemis v. WilderMassachusetts Supreme Judicial Court · 1868
- Squire v. LearnedMassachusetts Supreme Judicial Court · 1907
- Delano v. BartlettMassachusetts Supreme Judicial Court · 1850
- Donaldson v. StrongMassachusetts Supreme Judicial Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Lipsitz v. ParrCourt of Appeals of Maryland · 1933
- Bandera v. DonohueMassachusetts Supreme Judicial Court · 1950
- Carlton Chambers Co. v. TraskMassachusetts Supreme Judicial Court · 1927
- South Tahoe Gas Co. v. Hofmann Land Improvement Co.California Court of Appeal · 1972
- S. S. Kresge Co. v. SearsCourt of Appeals for the First Circuit · 1936
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