Woodbury v. Sparrell Print
Massachusetts Supreme Judicial Court
Two actions OF contract, each for $3,400 and interest, the first against the Sparrell Print, a corporation, as lessee under a lease for a term of five years from August 1, 1899, of the third, fourth and fifth floors of the building numbered 55 on Franklin Street in Boston, excepting the stairways and hallways to be used in common with other tenants of that building, to recover damages from loss of rent, under a covenant in the lease as described in the opinion, and the…
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Two actions OF contract, each for $3,400 and interest, the first against the Sparrell Print, a corporation, as lessee under a lease for a term of five years from August 1, 1899, of the third, fourth and fifth floors of the building numbered 55 on Franklin Street in Boston, excepting the stairways and hallways to be used in common with other tenants of that building, to recover damages from loss of rent, under a covenant in the lease as described in the opinion, and the second action against R. Edwin Sparrell, as guarantor of the performance of all the terms and conditions of the lease by the…
1Opinion of the CourtHammond, J.
These are two actions of contract brought, the one against the lessee and the other against the guarantor, upon a clause in a lease given by the predecessors in title of the plaintiffs, which provides, inter alia, that for non-payment of rent the lessors may enter upon the premises and “ repossess the same as of their former estate; and, in case of such determination, the lessee shall be liable to the lessors for all loss and damage sustained by the lessors on account of the premises remaining unleased, or being let for the remainder of the term for a less rent than that herein reserved.” The…
2Cases cited1 opinion
- International Trust Co. v. WeeksSupreme Court of the United States · 1906
3Cited by14 opinions
- Green v. RichmondMassachusetts Supreme Judicial Court · 1975
- Atkinson v. RosenthalMassachusetts Appeals Court · 1992
- Egbert v. EGBERTIndiana Supreme Court · 1956
- Vawter v. McKissickSupreme Court of Iowa · 1968
- Hawes Electric Co. v. AngellMassachusetts Supreme Judicial Court · 1955
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