Eddy v. Coffin
Massachusetts Supreme Judicial Court
Contract on an account annexed. One item of the account was as follows: “ Sept. 15. To use and occupation of room in building No. 31 South Street in city of Boston, from July 1 to September 15, 1887, at $30 per month, $75.” Answer, a general denial, and that the plaintiff and the defendant had made an agreement, by the terms of which the plaintiff was to let to the defendant a room at 31 South Street, furnish to him steam power to run his machinery, and to permit the use of…
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Contract on an account annexed. One item of the account was as follows: “ Sept. 15. To use and occupation of room in building No. 31 South Street in city of Boston, from July 1 to September 15, 1887, at $30 per month, $75.” Answer, a general denial, and that the plaintiff and the defendant had made an agreement, by the terms of which the plaintiff was to let to the defendant a room at 31 South Street, furnish to him steam power to run his machinery, and to permit the use of an elevator, all for thirty dollars per month; that during the month of July, 1887, the plaintiff ceased to furnish the…
1Opinion of the CourtHolmes, J.
Whether the defendant moved in July or in September, he would have had to pay the cost of moving his machinery. Therefore he cannot attribute that payment to the plaintiff’s breach of contract, if there was one, in failing to fur nish steam, and thus obliging him to go elsewhere before the end of his tenancy. The instruction that the defendant could not recoup for this item was correct.
The record of the recovery in the summary process by a third person against the plaintiff was rightly excluded. No execution had issued upon the judgment in that suit. The judgment alone did not disseise the…
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