Pray v. Clark
Massachusetts Supreme Judicial Court
Bill in equity, filed March 2, 1872, praying for the specific performance of, or other relief upon, a covenant for the renewal of a lease. On March 8, 1867, the defendant leased a store and barn to the plaintiff, to hold for the term of five years from March 1, 1867, yielding and paying therefor the rent of $600 per year in quarterly payments of $150 at the end of every three months during said term.
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Bill in equity, filed March 2, 1872, praying for the specific performance of, or other relief upon, a covenant for the renewal of a lease. On March 8, 1867, the defendant leased a store and barn to the plaintiff, to hold for the term of five years from March 1, 1867, yielding and paying therefor the rent of $600 per year in quarterly payments of $150 at the end of every three months during said term. A covenant was inserted in the lease in these words: “ And the said Clark agrees to renew the lease of the above premises upon the expiration of the above term; rent to be proportioned to the…
1Opinion of the CourtWells, J.
The agreement sought to be enforced is not complete in all its terms. It is not simply for a renewal of the lease *285The agreement does not fix the rate of rent, and does not permit it to be fixed by the reservation in the original lease. The only means of determining what it shall be, are that it is to be “ proportioned to the valuation of said premises at said time.” But no valuation is provided for, and no mode indicated by which such valuation may be obtained. If it were obtainable, the proportion would still be inadequate for its own resolution; because the terms of the corresponding ratio…
2Cited by15 opinions
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- Fogg v. PriceMassachusetts Supreme Judicial Court · 1888
- C. A. Spencer & Son Co. v. Merrimac Valley Power & Buildings Co.Massachusetts Supreme Judicial Court · 1922
- Conos v. SullivanMassachusetts Supreme Judicial Court · 1924
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