Legal Opinion

Bradford v. Patten

Massachusetts Supreme Judicial Court

Decided October 15, 1871PublishedCited by 10 opinions

Contract against the administrator of the estate of Martin L. Gates for rent of a dwelling-house in West Roxbury from July 1, 1870, to October 1, 1870, under a lease from the plaintiff to Gates for one year from June 1,1868, which provided that the rent should be paid in quarterly payments, on October 7, 1868, and -January 1, April 1 and June 1,1869, “ unless said Gates eon.jjnie to occupy, and then July 1 said Gates shall have this lease extended two years from April 1,…

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Contract against the administrator of the estate of Martin L. Gates for rent of a dwelling-house in West Roxbury from July 1, 1870, to October 1, 1870, under a lease from the plaintiff to Gates for one year from June 1,1868, which provided that the rent should be paid in quarterly payments, on October 7, 1868, and -January 1, April 1 and June 1,1869, “ unless said Gates eon.jjnie to occupy, and then July 1 said Gates shall have this lease extended two years from April 1, 1869, upon notifying the lessor that he elects to retain the premises; ” that the lessee should “ pay the rent as above…

1Opinion of the CourtMorton, J.

The lease executed by the defendant’s intestate was for one year from June 1, 1868. It contained the provision that “ said Gates shall have this lease extended two years from April 1,1869, upon notifying the lessor that he elects to retain the premises; ” and in another part the clause, “ it is understood that said Gates shall notify the lessor of his wish to retain the premises by April 1,1869.”

These provisions gave the lessee the right to have the term ex tended upon giving notice of his election, as provided in the lease. But his election to retain the premises for the enlarged term, and…

2Cited by10 opinions

  1. Andrews v. Marshall Creamery Co.Supreme Court of Iowa · 1902
  2. Johnson v. StoneMassachusetts Supreme Judicial Court · 1913
  3. Stone v. St. Louis Stamping Co.Massachusetts Supreme Judicial Court · 1892
  4. Shannon v. JacobsonMassachusetts Supreme Judicial Court · 1928
  5. Cooper v. JoyMichigan Supreme Court · 1895

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