Legal Opinion

Hollywood v. First Parish in Brockton

Massachusetts Supreme Judicial Court

Decided June 19, 1906PublishedCited by 9 opinions

Contract by the executors of the will of Peter F. Hollywood, on a covenant contained in a lease by the First Parish in North Bridgewater, afterwards the First Parish in Brockton,* to Winthrop S. Baker and Rufus P. Kingman, dated March 21, 1854, for the term of fifty years, the administrator de bonis non of the estate of Baker and the executor of the will of Kingman on March 15, 1904, having assigned a portion of the premises and rights included in the lease to the…

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Contract by the executors of the will of Peter F. Hollywood, on a covenant contained in a lease by the First Parish in North Bridgewater, afterwards the First Parish in Brockton,* to Winthrop S. Baker and Rufus P. Kingman, dated March 21, 1854, for the term of fifty years, the administrator de bonis non of the estate of Baker and the executor of the will of Kingman on March 15, 1904, having assigned a portion of the premises and rights included in the lease to the plaintiffs’ testator, who erected on the portion of the premises assigned to him a building costing $5,000 and worth at the time…

1Opinion of the CourtLoring, J.

It is stated in the agreed statement of facts that the lease made in 1854 by the First Parish in North Bridge-water was a lease “of a vacant lot of land.” But it appears from the lease, a copy of which is annexed to the agreed facts, that the land leased was “ the southerly portion of a lot of land owned by said Parish, and called the Parish Green,” and that “ the old meeting-house now standing thereon ” was “ sold by said Parish ” to the lessees for $1,226.60. These provisions of the lease contradict and control this statement in the agreed statement of facts.

The building here in question…

2Cases cited3 opinions

  1. Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
  2. Cook v. JonesCourt of Appeals of Kentucky · 1894
  3. Stockett v. HowardCourt of Appeals of Maryland · 1871

3Cited by9 opinions

  1. Markus v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1944
  2. Saxeney v. PanisMassachusetts Supreme Judicial Court · 1921
  3. American Surety Co. of New York v. 14 Canal Street, Inc.Massachusetts Supreme Judicial Court · 1931
  4. Peters v. StoneMassachusetts Supreme Judicial Court · 1906
  5. Assessors of West Springfield v. Eastern States ExpositionMassachusetts Supreme Judicial Court · 1950

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