Legal Opinion

May v. Rice

Massachusetts Supreme Judicial Court

Decided October 15, 1871PublishedCited by 12 opinions

Contract against Freeman Rice and Edwin Rice, partners under the name of F. & F. Rice & Company, on the following account annexed: “ Messrs.

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Contract against Freeman Rice and Edwin Rice, partners under the name of F. & F. Rice & Company, on the following account annexed: “ Messrs. F. & F. Rice & Company, to Frederick W. G. May, Dr. 1869, September 1. For one quarter’s rent, store 11 Broad Street, Boston, $800. November 1. Taxes for 1869 on same paid by plaintiff, $575.40. December 1. One quarter’s rent same, $800. Renewal of glass, $10.50.” Writ dated December 8, 1869. Trial in the superior court, without a jury, before Putnam, J., who reported the case for the determination of this court, substantially as follows: The plaintiff…

1Opinion of the CourtMorton, J.

For a year prior to June 1,1869, the defendants occupied the plaintiff’s store under a tenancy at will, which by its own limitation terminated on May 31, 1869. The report states that “ in May 1869 an interview was had between the parties, in which something was said about a renewal for another year, but none was determined upon, as the defendants stated they were looking for a new store; but it was agreed that they might remain there at the same rate, and that either party might terminate the tenancy by giving one month’s notice to the other in writing.” This agreement undoubtedly created a…

2Cited by12 opinions

  1. Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
  2. Erhard v. F. W. Woolworth Co.Massachusetts Supreme Judicial Court · 1978
  3. Lyon v. CunninghamMassachusetts Supreme Judicial Court · 1884
  4. Biber v. DillinghamSupreme Court of South Carolina · 1919
  5. Rainault v. EvartsMassachusetts Supreme Judicial Court · 1937

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