Legal Opinion

Squire v. Learned

Massachusetts Supreme Judicial Court

Decided June 20, 1907PublishedCited by 21 opinions

Bill in equity for specific performance of an agreement to renew a lease, filed in the Supreme Judicial Court for the county of Suffolk September 13, 1901. A demurrer to the bill was overruled by Barker, J., and the defendant appealed. There was a hearing before Rugg, J., who reserved the case for determination by the full court upon the bill, answer and an agreed statement of facts.

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Bill in equity for specific performance of an agreement to renew a lease, filed in the Supreme Judicial Court for the county of Suffolk September 13, 1901. A demurrer to the bill was overruled by Barker, J., and the defendant appealed. There was a hearing before Rugg, J., who reserved the case for determination by the full court upon the bill, answer and an agreed statement of facts. The facts material to the decision are as follows: One Collamore, trustee, the defendant’s predecessor in title, by an instrument in writing and under seal, leased certain premises to one Squire, “ to have and to…

1Opinion of the CourtLoring, J.

The sole defence set up in this suit is that the bequest by the lessee of his leasehold estate here in question to his executors, or at any rate the transfer of it by the executors to themselves as trustees (which the defendant insists *136has taken place) is a breach of the covenant not to assign the lease.

If a breach of this covenant of the lease is made out in either of these two ways, a defence is made out to this bill for specific performance of the lessor’s covenant to renew. Gannett v. Albree, 103 Mass. 372.

Authority may be found in two early decisions and a few early dicta for the…

2Cases cited4 opinions

  1. Bemis v. WilderMassachusetts Supreme Judicial Court · 1868
  2. Gannett v. AlbreeMassachusetts Supreme Judicial Court · 1869
  3. Weil v. RaymondMassachusetts Supreme Judicial Court · 1886
  4. Martin v. TobinMassachusetts Supreme Judicial Court · 1877

3Cited by21 opinions

  1. Johnson v. StoneMassachusetts Supreme Judicial Court · 1913
  2. Francis v. FergusonNew York Court of Appeals · 1927
  3. McDonald v. Farley & Loetscher Manufacturing Co.Supreme Court of Iowa · 1939
  4. Burns v. McGrawCalifornia Court of Appeal · 1946
  5. Leisure Sports Investment Corp. v. Riverside Enterprises, Inc.Massachusetts Appeals Court · 1979

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