Clark v. Gordon
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that the plaintiffs demised a certain estate to the Cumberland Stone Company, by deed, a copy of which was annexed and is printed in the mar gin; * that said deed was executed by said Cumberland Stone Company, being a corporation, by its president, the defendant, was accepted by said Cumberland Stone Company, and, in pursuance thereof, said Cumberland Stone Company entered into and are still in the possession of said estate ; that, in…
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Contract. The declaration alleged that the plaintiffs demised a certain estate to the Cumberland Stone Company, by deed, a copy of which was annexed and is printed in the mar gin; * that said deed was executed by said Cumberland Stone Company, being a corporation, by its president, the defendant, was accepted by said Cumberland Stone Company, and, in pursuance thereof, said Cumberland Stone Company entered into and are still in the possession of said estate ; that, in consideration of the demise, the Cumberland Stone Company agreed to pay the rent reserved in said deed, and the taxes on the…
1Opinion of the CourtEndicott, J.
The agreement purports to be a lease, entered into by the plaintiffs and the Cumberland Stone Company, wherein the plaintiffs are the lessors and the company the lessee.
*333It is executed by the plaintiffs and by William A. Gordon, the defendant. There are no words to indicate in what capacity or in whose behalf Gordon signed it. But the declaration alleges that the company accepted it, and entered at once into occupation of the premises described in the lease, and continued in occupation under the lease at the date of the writ. These allegations are admitted by the demurrer.
Whatever may have…
2Cases cited1 opinion
- Lamson & Goodnow Manufacturing Co. v. RussellMassachusetts Supreme Judicial Court · 1873
3Cited by5 opinions
- Roth v. AdamsMassachusetts Supreme Judicial Court · 1904
- Gross v. CohenMassachusetts Supreme Judicial Court · 1920
- Carroll v. St. John's Catholic Total Abstinence & Mutual Relief SocietyMassachusetts Supreme Judicial Court · 1878
- Hull v. NewhallMassachusetts Supreme Judicial Court · 1923
- Burkhardt v. YatesMassachusetts Supreme Judicial Court · 1894