Cunningham v. Pattee
Massachusetts Supreme Judicial Court
Bill in equity, filed May 15, 1867, against George D. Pat-tee, Charles H. Pattee and Charles T. Stevens, to compel specific performance of George D. Pattee’s covenant of renewal, contained in an underlease, dated November 1,1864, and signed by him alone, but purporting in the body thereof to be the lease of him and John C. Dalton, of “ the store on Hanover Street in Boston numbered 262 in the numbering of said street,” to the plaintiff, for “ the remainder of the lessors’…
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Bill in equity, filed May 15, 1867, against George D. Pat-tee, Charles H. Pattee and Charles T. Stevens, to compel specific performance of George D. Pattee’s covenant of renewal, contained in an underlease, dated November 1,1864, and signed by him alone, but purporting in the body thereof to be the lease of him and John C. Dalton, of “ the store on Hanover Street in Boston numbered 262 in the numbering of said street,” to the plaintiff, for “ the remainder of the lessors’ leasehold estate in the premises,” at an annual rent of $300; said covenant being as follows : “ The said lessors do…
1Opinion of the CourtFoster, J.
This is a bill in equity to enforce specific performance of a renewal covenant in a lease, the terms of which are the following: “ And the said lessors do promise to renew said indenture for such further term as their leasehold estate in the premises may be renewed or extended.”
1. The first objection to the plaintiff’s bill arises from the fact that the sublease to her was signed by only one member of the firm who were the assignees of the original lease from the owner of the estate. In the body of the instrument John C. Dalton and George D. Pattee are named as lessors; but it was executed by…
2Cases cited7 opinions
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