Sargent v. Pray
Massachusetts Supreme Judicial Court
Contract on a covenant in a lease to pay taxes. Writ dated May 19, 1873. The case was submitted to the Superior Court, and to this court, on appeal, on an agreed statement of facts in substance as follows: On February 1, 1865, the plaintiffs leased an estate on Washington Street, Boston, for the term of ten years, the lessees agreeing to pay a certain.rent quarterly and all taxes “ which may be payable for or in respect of the said premises or any part thereof during the…
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Contract on a covenant in a lease to pay taxes. Writ dated May 19, 1873. The case was submitted to the Superior Court, and to this court, on appeal, on an agreed statement of facts in substance as follows: On February 1, 1865, the plaintiffs leased an estate on Washington Street, Boston, for the term of ten years, the lessees agreeing to pay a certain.rent quarterly and all taxes “ which may be payable for or in respect of the said premises or any part thereof during the said term,” “ the tax to be paid on the first day of November in each year.” It also provided that in case the premises or…
1Opinion of the CourtAmes, J.
The covenant of the lessees was not a mere promise of indemnity against the tax, but a promise to pay it to the lessors on the first day of November, each year of the term. It was not necessary to the plaintiffs’ right of action therefore, upon *269that covenant, that they should first have paid the tax themselves. Wilkinson v. Libbey, 1 Allen, 375. The destruction of the building by fire did not entitle the tenants, under the clause of the lease referring to that contingency, to a proportionate abatement of the taxes payable by them. Wood v. Bogle, 115 Mass. 30. The plaintiffs are therefore…
2Cases cited1 opinion
- Wood v. BogleMassachusetts Supreme Judicial Court · 1874
3Cited by7 opinions
- Hodgkins v. PriceMassachusetts Supreme Judicial Court · 1884
- Factory Realty Corp. v. Corbin-Holmes Shoe Co.Massachusetts Supreme Judicial Court · 1942
- Richardson v. GordonMassachusetts Supreme Judicial Court · 1905
- Welch v. GordonMassachusetts Supreme Judicial Court · 1933
- Kirby v. GoldmanMassachusetts Supreme Judicial Court · 1930
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