Guerin v. Stacy
Massachusetts Supreme Judicial Court
Contract, on a bond of Charles W. Parrish of St. Louis, with William H. Stacy as surety, dated August 17,1894, for the payment of $2,500 to the plaintiff, on the following condition : “ Whereas, the said Charles W. Parrish has heretofore leased of one Mrs. Riley, the building known as No. 409 North Broadway, in said city of St. Louis, and has sublet to Fitz W. Guerin, the fourth and fifth floors thereof; and whereas, said Guerin has expended a large sum of money in improving…
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Contract, on a bond of Charles W. Parrish of St. Louis, with William H. Stacy as surety, dated August 17,1894, for the payment of $2,500 to the plaintiff, on the following condition : “ Whereas, the said Charles W. Parrish has heretofore leased of one Mrs. Riley, the building known as No. 409 North Broadway, in said city of St. Louis, and has sublet to Fitz W. Guerin, the fourth and fifth floors thereof; and whereas, said Guerin has expended a large sum of money in improving and arranging said floors for a photograph gallery; and whereas in the lease from the said Mrs. Riley to said Parrish,…
1Opinion of the CourtHolmes, C. J.
This is an action upon a bond given by a lessee to his sublessee, and conditioned that if through the acts of the former his lease should be terminated - or the sublessee ousted before the expiration of the term the obligation should remain in force and the obligors should pay the obligee the sum of $2,500 as liquidated damages. The sum named is also the penalty of the bond. It is not expressed, but it is implied that if the sublessee should enjoy his term undisturbed the obliga*597tian should be void. The bond was dated August 17, 1894. The lease would have expired in July, 1898. It was…
2Cases cited1 opinion
- Leary v. LaflinMassachusetts Supreme Judicial Court · 1869
3Cited by42 opinions
- Begelfer v. NajarianMassachusetts Supreme Judicial Court · 1980
- Kobayashi v. Orion Ventures, Inc.Massachusetts Appeals Court · 1997
- Hyman v. CohenSupreme Court of Florida · 1954
- Lynch v. AndrewMassachusetts Appeals Court · 1985
- Kelly v. MarxMassachusetts Supreme Judicial Court · 1999
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