Royce v. Guggenheim
Massachusetts Supreme Judicial Court
Contract for the rent from March 7 to April 7,1869, of real estate leased by the plaintiff to the defendant for three years from September 7,1868, by a lease, dated on that day, which described the demised premises as “ the small wooden house and store, now occupied by said Guggenheim and numbered 117 on Eliot Street in Boston,” and contained no express covenant on the part of the landlord.
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Contract for the rent from March 7 to April 7,1869, of real estate leased by the plaintiff to the defendant for three years from September 7,1868, by a lease, dated on that day, which described the demised premises as “ the small wooden house and store, now occupied by said Guggenheim and numbered 117 on Eliot Street in Boston,” and contained no express covenant on the part of the landlord. At the trial in the superior court, before Rockwell, J., the defendant relied on his eviction from the premises, in defence against the action; and the plaintiff requested a ruling “ that, in order to…
1Opinion of the CourtGray, J.
The eviction of a tenant from the demised premises, either by the landlord or by title paramount, is a bar to any demand for rent, because it deprives him of the whole consideration for which rent was to be paid. Gilbert on Rents, 145. Morse v. Goddard, 13 Met. 177. And his eviction by the landlord from part of the premises suspends the entire rent, because the landlord “ shall not so apportion his own wrong as to enforce the lessee to pay anything for the residue.” Hale, C. J.,.in Hodgkins v. Robson, 1 Ventr. 276, 277. Page v. Parr, Style, 432. Shumway v. Collins, 6 Gray, 227. Leishman v.…
2Cases cited4 opinions
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- Case v. MinotMassachusetts Supreme Judicial Court · 1893
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
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