Rogers v. Snow
Massachusetts Supreme Judicial Court
Tort by the firm of Rogers & Co. for forcibly entering their store and expelling the plaintiffs therefrom by leasing the store to certain tenants.
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Tort by the firm of Rogers & Co. for forcibly entering their store and expelling the plaintiffs therefrom by leasing the store to certain tenants. The declaration also contained a count in contract, which alleged that on or about August 4, 1866, the defendant executed to the plaintiffs a lease of certain premises in Boston for a term of ten years from January 1, 1867; that under the lease they occupied the premises paying the rent re* served in the lease; that on or about November 9, 1872, the store thereon was totally destroyed by fire; that the defendant rebuilt the store, which was ready…
1Opinion of the CourtMorton, J.
The only questions presented by this bill of exceptions are as to the refusal of the court to give the three instructions requested by the defendant.
1. The court properly declined to rule that the plaintiffs forfeited the lease by refusing to pay the rent payable January 1, 1873. The lease contains the usual condition, that if the lessees neglect to perform their covenants, the lessor may, while such neglect continues, enter upon the premises and expel the lessees, and that upon such entry the term shall cease. Under this the lease may be terminated upon the refusal to pay rent, at the…
2Cases cited3 opinions
- Oliver v. DickinsonMassachusetts Supreme Judicial Court · 1868
- Hubbard v. HubbardMassachusetts Supreme Judicial Court · 1867
- Chapman v. HarneyMassachusetts Supreme Judicial Court · 1868
3Cited by17 opinions
- Shannon v. JacobsonMassachusetts Supreme Judicial Court · 1928
- Cassidy v. WelshMassachusetts Supreme Judicial Court · 1946
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- Cross v. Weare Commission Co.Illinois Supreme Court · 1894
- Ansin v. TaylorMassachusetts Supreme Judicial Court · 1928
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