DeFriest v. Bradley
Massachusetts Supreme Judicial Court
Bill isr equity, filed October 30, 1905, by William T. DeFriest of Boston and the William J. Lemp Brewing Company, a corporation organized under the laws of the State of Missouri, against the trustees under the will of John D. Williams, late of Boston, to enjoin the defendants from cancelling a lease of a brick building numbered 28 and 30 on Avery Street in Boston made by the defendants’ predecessor in the trust to the plaintiff DeFriest who afterwards assigned his rights…
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Bill isr equity, filed October 30, 1905, by William T. DeFriest of Boston and the William J. Lemp Brewing Company, a corporation organized under the laws of the State of Missouri, against the trustees under the will of John D. Williams, late of Boston, to enjoin the defendants from cancelling a lease of a brick building numbered 28 and 30 on Avery Street in Boston made by the defendants’ predecessor in the trust to the plaintiff DeFriest who afterwards assigned his rights therein to the plaintiff corporation. In the Superior Court the case was heard by Fessenden, J. The material portions of…
1Opinion of the CourtBraley, J.
The original lease contained neither a covenant for renewal, nor an agreement for an additional term at the election of the lessee. If the last provision had been inserted, and the option had been exercised, there would have been a present demise to take effect at the expiration -of the first term, and no subsequent agreement or second lease would have been necessary. Stone v. St. Louis Stamping Co. 155 Mass. 267, 270. The leasehold estate would have been thus prolonged to the end of the entire period, subject to all the conditions and covenants, including that of the right of the lessor to…
2Cases cited23 opinions
- Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Alvord v. CookMassachusetts Supreme Judicial Court · 1899
- Goode v. RileyMassachusetts Supreme Judicial Court · 1891
- Thomas v. BarnesMassachusetts Supreme Judicial Court · 1892
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3Cited by31 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Goldenberg v. TaglinoMassachusetts Supreme Judicial Court · 1914
- Cass v. LordMassachusetts Supreme Judicial Court · 1920
- J. P. Eustis Manufacturing Co. v. Saco Brick Co.Massachusetts Supreme Judicial Court · 1908
- Nickerson v. WeldMassachusetts Supreme Judicial Court · 1910
26 more not listed; retrieve them via the Exa API.