Watriss v. First National Bank
Massachusetts Supreme Judicial Court
Contract for breach of a covenant contained in a written lease given by the plaintiff to the defendant, by which the lessee agreed “ to quit and deliver up the premises to the lessor or her attorney peaceably and quietly at the end of the term, in as good order and condition, reasonable use and wearing thereof, fire and other unavoidable casualties excepted, as the same now are.”
Read the full summary
Contract for breach of a covenant contained in a written lease given by the plaintiff to the defendant, by which the lessee agreed “ to quit and deliver up the premises to the lessor or her attorney peaceably and quietly at the end of the term, in as good order and condition, reasonable use and wearing thereof, fire and other unavoidable casualties excepted, as the same now are.” The breach complained of was the taking down and removal of a fire-proof safe and vault, a furnace with pipes and flues, and certain counters. Writ dated February 28, 1876. The answer contained a general denial, and…
1Opinion of the CourtGray, C. J.
As a general rule, the measure of damages for the breach of a lessee’s covenant to keep in repair, and to surrender the demised premises at the end of the term in as good order and condition as they are in at the beginning of it, is the sum it would cost to repair the premises and put them in the condition they ought to be in. In the time of Lord Holt, this was the rule even in an action brought before the expiration of the lease. Shortridge v. Lamplugh, 2 Ld. Raym. 798, 803; S. C. 7 Mod. 71, 77. Vivian v. Champion, 2 Ld. Raym. 1125; S. C. 1 Salk. 141. In Vivian v. Champion, that great judge…
2Cases cited1 opinion
- Watriss v. First National Bank of CambridgeMassachusetts Supreme Judicial Court · 1878
3Cited by15 opinions
- Appleton v. . MarxNew York Court of Appeals · 1908
- Cawley v. JeanMassachusetts Supreme Judicial Court · 1914
- Crystal Concrete Corp. v. Town of BraintreeMassachusetts Supreme Judicial Court · 1941
- Corbett v. Derman Shoe Co.Massachusetts Supreme Judicial Court · 1959
- Elderberry of Weber City, LLC v. Living Centers-Southeast, Inc.Court of Appeals for the Fourth Circuit · 2015
10 more not listed; retrieve them via the Exa API.