Gale v. Edwards
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Dayis, J., presiding. Covenant broken. This action was to recover rent under a lease dated June 2, 1854, to take effect April 22, 1855, in which the defendants covenanted to pay "the annual ground rent of $240, payable quarterly.”
Read the full summary
On Exceptions from Nisi Prius, Dayis, J., presiding. Covenant broken. This action was to recover rent under a lease dated June 2, 1854, to take effect April 22, 1855, in which the defendants covenanted to pay "the annual ground rent of $240, payable quarterly.” The defendants put in a copy of a deed of the premises from the plaintiffs to John M. Wood, dated May 15, 1855, in which, immediately following a description of the premises, occurred the following clause : — " Subject also to a certain indenture of lease of said premises, made by the grantors herein named to Calvin Edwards, William G.…
1Opinion of the Court
The opinion of the Court was drawn by
Cutting, J.
We are satisfied with the correctness of the verdict, as this case is presented on the documentary eviidence, which renders a consideration of the exceptions, as to the admissibility of the parol evidence, immaterial.
The lease introduced by the plaintiffs from them to the defendants bears date June 2d, 1854, to take effect on April 22d, 1855. The deed introduced by the defendants from the plaintiffs to John M. Wood, conveying the same leased premises, is dated May 15th, 1855, only twenty-three days after the lease became operative.
*365This grant to…
2Cited by2 opinions
- Benjamin v. Northwestern Fire & Marine InsuranceSupreme Court of Minnesota · 1912
- Silveira v. Ah LoHawaii Supreme Court · 1905