Hanham v. Sherman
Massachusetts Supreme Judicial Court
Actions or contract. The declaration in the first action, which was to recover the sum of $600, alleged that October 18, 1870, the plaintiff was in possession of an eating saloon as tenant under a written lease from the defendant, who then agreed to pay him $600, and release him from further liability for rent in consideration of a surrender of the lease, and a conveyance of the fixtures of the saloon, and the good will of the business; that the, plaintiff thereupon…
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Actions or contract. The declaration in the first action, which was to recover the sum of $600, alleged that October 18, 1870, the plaintiff was in possession of an eating saloon as tenant under a written lease from the defendant, who then agreed to pay him $600, and release him from further liability for rent in consideration of a surrender of the lease, and a conveyance of the fixtures of the saloon, and the good will of the business; that the, plaintiff thereupon delivered the property and surrendered the lease, and the defendant took possession and leased the premises to another tenant.…
1Opinion of the CourtColt, J.
The sole question at the trial of these cases was, whether there had been an accepted surrender of the lease from Sherman to Hanham. The evidence was in direct conflict. Han-ham testified that it was surrendered in pursuance of a verbal agreement with Sherman, who accepted the surrender and put in another tenant. Sherman denied this, and introduced evidence to prove the contrary. In the first paragraph of his first request, Sherman asked the court to rule that in the absence of any agreement in writing, the facts claimed and in evidence were not sufficient to terminate the lease. This was…
2Cases cited1 opinion
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
3Cited by11 opinions
- Bandera v. DonohueMassachusetts Supreme Judicial Court · 1950
- Biggs v. StuelerCourt of Appeals of Maryland · 1901
- Kneeland v. SchmidtWisconsin Supreme Court · 1890
- Daggett v. DaggettMassachusetts Supreme Judicial Court · 1887
- Hargrove v. BourneSupreme Court of Oklahoma · 1915
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