Boston Veterinary Hospital v. Kiley
Massachusetts Supreme Judicial Court
Contract by the Boston Veterinary Hospital, a corporation, against the lessee of a part of the ground floor of the plaintiff’s building at the corner of Plympton Street and Thorn Street in Boston, with a declaration containing two counts, the first for $50, being the amount of the rent for one month payable in advance, and the second on an account annexed for $3 for water furnished by the plaintiff to the defendant.
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Contract by the Boston Veterinary Hospital, a corporation, against the lessee of a part of the ground floor of the plaintiff’s building at the corner of Plympton Street and Thorn Street in Boston, with a declaration containing two counts, the first for $50, being the amount of the rent for one month payable in advance, and the second on an account annexed for $3 for water furnished by the plaintiff to the defendant. Writ in the Municipal Court of the City of Boston dated January 19,1914. The defendant’s answer as amended set up the defense of an eviction. In the Municipal Court the case was…
1Opinion of the CourtDe Courcy, J.
This action is for city water furnished and for rent payable in advance by the defendant lessee; and the defense is an eviction. Among the facts found by the judge of the Municipal Court are the following: The leased premises consisted of a stable wherein the defendant kept six or seven horses. During a few days of exceedingly cold weather the water froze in the pipes and caused them to leak; and the defendant, being unable to obtain any water for his horses, employed a plumber to repair the pipes. In order to do this work it was necessary for the plumber to go into the hospital part of the…
2Cases cited1 opinion
- Nesson v. AdamsMassachusetts Supreme Judicial Court · 1912
3Cited by9 opinions
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- Wesson v. Leone Enterprises, Inc.Massachusetts Supreme Judicial Court · 2002
- Shindler v. MildenMassachusetts Supreme Judicial Court · 1933
- Conroy v. ToomayMassachusetts Supreme Judicial Court · 1920
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