Carnes v. Hersey
Massachusetts Supreme Judicial Court
Contract for a breach of the covenant for quiet enjoyment in a lease, with a count for money had and received. Trial in this court, without a jury, before Morton, J., who allowed a bill of exceptions in substance as follows : On March 15, 1866, the defendant leased to the plaintiff, by a written instrument under seal and duly recorded, an estate on Summer Street, Boston, for the term of ten years from July 1, 1866, at a certain rent payable quarterly, “ and at that rate for…
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Contract for a breach of the covenant for quiet enjoyment in a lease, with a count for money had and received. Trial in this court, without a jury, before Morton, J., who allowed a bill of exceptions in substance as follows : On March 15, 1866, the defendant leased to the plaintiff, by a written instrument under seal and duly recorded, an estate on Summer Street, Boston, for the term of ten years from July 1, 1866, at a certain rent payable quarterly, “ and at that rate for any fraction of a quarter not completed at the legal termination of said term, and for such further time” as the lessee…
1Opinion of the Court
By the Court.
This case is not distinguishable from previous decisions. Wilkinson v. Libbey, 1 Allen, 375. Amory v. Melvin, 112 Mass. 83. Wood v. Bogle, 115 Mass. 30. Paul v. Chickering, ante, 265. Sargent v. Pray, ante, 267. The special provisions for the apportionment of taxes in the first and last years of the *273lease leave -the general covenant, to pay all taxes payable for or in respect of the premises during the term, unqualified during the intermediate time, and strengthen the inference that such was the intention of the parties. Exceptions overruled.*
A similar decision was made in…
2Cases cited2 opinions
- Amory v. MelvinMassachusetts Supreme Judicial Court · 1873
- Wood v. BogleMassachusetts Supreme Judicial Court · 1874
3Cited by1 opinion
- Welch v. GordonMassachusetts Supreme Judicial Court · 1933