Edmands v. Rust & Richardson Drug Co.
Massachusetts Supreme Judicial Court
Contract by the trustees under the will of John Rayner, owners of the building numbered 43 and 45 on Hanover Street in Boston, against the Rust and Richardson Drug Company, a corporation, for a balance alleged to be due under a covenant in a lease by which the defendant agreed to be responsible until the end of the term for any loss or diminution of rent sustained by the plaintiffs in consequence of a termination of the lease by the plaintiffs by an entry for a breach of…
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Contract by the trustees under the will of John Rayner, owners of the building numbered 43 and 45 on Hanover Street in Boston, against the Rust and Richardson Drug Company, a corporation, for a balance alleged to be due under a covenant in a lease by which the defendant agreed to be responsible until the end of the term for any loss or diminution of rent sustained by the plaintiffs in consequence of a termination of the lease by the plaintiffs by an entry for a breach of covenant. Writ dated January 2, 1903. At the trial in the Superior Court before White, J. it appeared that the lease was…
1Opinion of the CourtKnowlton, C. J.
The plaintiffs made a lease to the defendant, containing a provision for an entry by the lessors to terminate the lease for a breach of the covenants, followed by this language: “but the lessee covenants to be responsible for any loss or diminution of rent sustained by the lessors in consequence till the end of the lease.” The defendant having under-let a portion of the premises without the consent in writing of the landlord, in violation of a provision in the lease, the plaintiffs, on April 6, 1901, made an'entry and terminated the lease in accordance with its provisions. The premises were…
2Cases cited2 opinions
- Woodbury v. Sparrell PrintMassachusetts Supreme Judicial Court · 1905
- Bowditch v. RaymondMassachusetts Supreme Judicial Court · 1888
3Cited by14 opinions
- Fernandez v. VazquezDistrict Court of Appeal of Florida · 1981
- Sommer v. KridelSupreme Court of New Jersey · 1977
- Sutton v. GoodmanMassachusetts Supreme Judicial Court · 1907
- Fifty Associates v. Berger Dry Goods Co.Massachusetts Supreme Judicial Court · 1931
- Fashion World, Inc. v. Finard (In Re Fashion World, Inc.)United States Bankruptcy Court, D. Massachusetts · 1984
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